Terms & Conditions – Yum & Yay ‘#PlantBasedYummy’ Promotion (Instagram)
Terms and Conditions
Please read these Terms and Conditions (the “Terms”) carefully. You will be legally bound by these Terms from the time you submit an entry for the ‘#PlantBasedYummy Hamper’ promotion (the Promotion).
The Promoter and the Agency
1. Yum & Yay, Gothenburg Way, Hull, HU7 0YG is the “Promoter”.
2. Nik and Carole Limited of King’s Court, Railway Street, Altrincham, Cheshire WA14 2RD is the “Agency”
3. This Promotion is open to UK residents aged 18 and over. This Promotion excludes the agents (including the Agency) and employees of the Promoter and its group companies, the families of such agents and employees, or anyone professionally connected with this Promotion or its administration.
4. Eligible entrants will need internet access and will need a valid, active Instagram account to enter. Entrants should ensure that their Instagram account is active throughout the Promotion Period (defined in clause 6 below) and for a period of 3 weeks after the Closing Time (defined in clause 6 below).
5. Entrants may need to provide proof of name, age and address to validate that they meet the entry requirements and can accept the Prize (defined in clause 13 below).
How to Enter
6. The Promotion will begin at 12:00pm on Thursday 9th May 2019 (the “Opening Time”) and will close at 12:00pm on Thursday 16th May 2019 (the “Closing Time”). The period from the Opening Date and ending at the Closing Date is the (“Promotion Period”).
7. To enter, an eligible entrant will need to, during the Promotion Period and by no later than the Closing Time:
8. All entries must be received by the Promoter by no later than the Closing Time. All entries received after the Closing Time will be automatically disqualified.
9. Each entrant may enter the Promotion once. Entries made via the use of multiple Instagram accounts or through agents, third parties, organised groups or any entry duplication method will not be accepted. For the avoidance of doubt, when the Promoter is also running a Yum & Yay promotion on Facebook and Twitter respectively, where a winner will be selected for each promotion to win a prize. Entrants entering this Promotion are not prohibited from entering the Yum & Yay promotions on Facebook and Twitter, which will each be subject to their own terms and conditions.
11. No purchase is required to enter this Promotion.
Selection of the Winner
12. Within 1 week after the Closing Time, one (the “Winner”) will be selected at random, under the supervision of an independent observer, from all of the eligible entries entered into the Promotion via Instagram.
13. The Winner will win a #PlantBasedYummy Bundle – 1 x Root & Leaf Book / 4 x Yum & Yay Products (the “Prize”).
14. There is no cash alternative to the Prize. The Promoter reserves the right (but is not obliged) to substitute a reasonably equivalent alternative Prize, of equal or greater value, should circumstances make this necessary.
15. The Prize is not negotiable or transferable.
Limitation of Liability
16. Insofar as is permitted by law, the Promoter, its agents (including the Agency) or distributors will not in any circumstances be responsible or liable to compensate the Winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
Notification of Winner
17. Within 1 week of the Closing Date, the Promoter will contact the Winner via private message on Instagram to notify them that they have won and will ask the Winner to provide a delivery address for the Prize (the “Notification”). Entrants who have not won the Prize will not be notified.
18. The Winner will need to respond to the Notification to accept the Prize and provide their delivery address within 28 days of the date the Notification is sent by the Promoter. If the Winner does not claim the Prize by this date, their claim will become invalid. The Promoter reserves the right to offer the Prize to the next eligible entrant selected from the correct entries that were received in accordance with these Terms, should a Winner’s claim become invalid or, if the Winner cannot accept the Prize for any reason.
19. By entering this Promotion, each entrant agrees to be bound by (i) these Terms (ii) the applicable terms and conditions of Instagram: https://help.instagram.com/179379842258600
Data Protection and Marketing
20. All entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned. By submitting an entry and any accompanying material, each entrant agrees to:
(a) assign to the Promoter all intellectual property rights in their entry and any accompanying material with full title guarantee; and
(b) waive all moral rights,
in and to their entry and otherwise arising in connection with their entry to which the entrant may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. Each entrant agrees that it shall execute any document or instrument necessary to give effect to any assignment, grant of rights or waiver referred to in this clause 20.
21. By entering the Promotion, each entrant agrees that any personal information provided by them with their entry may be held and used by the Promoter or its agents (including the Agency) and its suppliers for the purpose of administering the Promotion. Entrants also acknowledge and agree that, in the event that they are selected as a Winner then, their personal data as described in clause 22 may be used for the purpose set out in clause 22.
22. The Winner may be required to take part in non-paid publicity or advertising relating to the Promotion, which may include having their photograph taken for promotional and press purposes. The Winner agrees that the Promoter may use their name, image and county of residence to announce them as the Winner of the Promotion and for the purpose of promoting the Promotion, the Yum & Yay brand and the Promoter’s business and business activities.
23. To receive the name of the Winner and county of residence of the Winner, please email firstname.lastname@example.org within 5 months of the Closing Time.
24. By entering the Promotion, entrants agree to be bound by these Terms. Any entries that do not comply in full with these Terms will be disqualified.
25. Any decision of the Promoter as to eligibility to take part in the Promotion or the result of the Promotion will be final and no correspondence or discussion will be entered into. The Promoter accepts no responsibility for entries that are incomplete, delayed, lost, damaged or unreadable whether due to failure or non-availability of the website, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind, or the submission of incomplete information or any other reason.
26. The Promoter reserves the right to delay, postpone or cancel the Promotion in the event of circumstances outside its reasonable control, which it considers necessary.
27. This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram. Each entrant accepts that Instagram shall have no responsibility or liability to them in respect of or, in connection with this Promotion and further agree that Instagram shall be released of any responsibility or liability in respect of this Promotion.
28. The Promotion and these Terms are subject the laws of England and Wales. Any disputes must be referred to the English courts.