NESPRESSO ‘FEBRUARY COMPETITION 2013' TERMS AND CONDITIONS
“February competition 2013”
ARTICLE 1. PROMOTER AND APPLICABLE LAW 1
ARTICLE 2. CONDITIONS OF PARTICIPATION 1
2.1 CONDITIONS OF PLAY 1
2.2 PARTICIPANT INFORMATION 2
2.3 VALIDITY OF THE PARTICIPATION 2
ARTICLE 3. PRINCIPLES OF THE GAME 2
GAME PLAY 2
ARTICLE 4. PRIZE DRAW 4
ARTICLE 5. DESIGNATION OF WINNERS 4
ARTICLE 6. LIABILITY 5
ARTICLE 1. PROMOTER AND APPLICABLE LAW
Nestlé Nespresso S.A. (“Nespresso”), hereafter the “Promoter", the “Organiser” or “Nespresso”, a company whose registered office is located at 1 City Place, Gatwick, RH6 0PA, United Kingdom and its affiliates, is organising an online prize draw for individuals living in the United Kingdom and in Ireland (hereafter “Participant”) who participate to the ‘Breakfast Competition 2013', free of charge with no obligation to purchase, between 11th February 2013 to 28th February 2013 (hereafter the "Competition").
The confirmation of the participation, and the terms and conditions can be accessed via the following website: http://nespresso-breakfast.com (hereafter the "Site” or "Website"). Your firstname, surname, contact number and Nespresso Club Number can also be sent on the following email address: email@example.com
The Competition, the Website and the interpretation of these terms and conditions are subject to the laws and regulations of England and Wales.
ARTICLE 2. CONDITIONS OF PARTICIPATION
By participating in the Competition as set out in these terms and conditions, the Participant agrees to be bound by these terms and conditions in their entirety.
2.1 Conditions of play
The Competition is open to any individual of legal capacity who is at least 18 years of age and resident in the United Kingdom and Republic of Ireland, with the exception of the employees of the Organiser or of the companies involved in creating the Competition, and of their direct family (parents, brothers and sisters, children) and any other person living in the same household.
In order to enter the Competition, Participants must have a free method of access to internet service, or, if the Participant's internet service is provided on a fee basis, such service must have been established prior to the start date of this Competition.
In order to be duly registered to the Competition on the Website, Participants must send their firstname, surname, contact number and Nespresso Club Member to firstname.lastname@example.org.
2.2 Participant information
The personal data entered to participate in the Competition can be used by Nespresso to send Participants offers on products and information on Nespresso activities. In compliance with data protection laws, each Participant can have access to, change or delete his/her personal data from the system by writing to Nespresso:
Game “Breakfast competition 2013”
28 rue de Châteaudun
The personal data relating to Participants is intended to be provided to the Promoter as well as to its French service provider "1000mercis", who is acting as a data processor on behalf of the Promoter within the context of the Competition, and will be used for the sole purpose of administering participation in the Competition and processing answers to the questionnaire.
2.3 Validity of the participation
The information and contact details supplied by the Participant must be valid and genuine.
It is strictly forbidden, by whatever means, to modify or attempt to modify the proposed Competition devices, particularly in order to modify the results or influence, by an automated method or by any unfair means, the validity of the prize draw or the designation of a winner. If it is proved that a Participant has been drawn or has been elected to win a prize in contravention of these rules, using any fraudulent means such as automated searching or use of algorithms, or by means other than those resulting from the process detailed by the Promoter on the Website or by the present terms and conditions, the prize in question will not be awarded and shall remain the property of the Promoter, without prejudice to any proceedings likely to be brought against the Participant by the Promoter or by third parties.
It is strictly forbidden for a Participant to play using several e-mail addresses or to play from a player account opened for another person. A single participation shall be opened by one person having the same first name, surname and e-mail address. A Participant may enter the Competition by registration/message submission only once (but is eligible to receive additional entries pursuant to Article 3 below). Failure by any Participant to comply with the entry instructions set out herein will result in automatic disqualification from the Competition. The decision of the Promoter is final.
ARTICLE 3. PRINCIPLES OF THE GAME
In order to enter the competition and enter the prize draw to have a chance to win the prize, the users have to send an email with their firstname, surname, contact number and Nespresso Club Membership number to email@example.com.
ARTICLE 4. PRIZE DRAW
10 winners will be drawn in total. The prize draw is made up of 1 prize:
A breakfast at the Sketch restaurant in central London,
In the limit of £100 to spend on breakfast at a booking arranged between the winner and the Promoter.
The trip does not include transport, accommodation costs, or any additional charge linked to the trip, any extra in-journey charges, personal expenses, or tips.
The prize is non-transferable and no cash alternative will be offered.
In the event of any unforeseen circumstances outside of the its control, the Promoter reserves the right to offer an alternative prize, in whole or part, of equivalent or greater value.
(together referred to as “Prizes”, individually “Prize”).
ARTICLE 5. DESIGNATION OF WINNERS
The 10 winners will be selected by a draw on 5th March 2013 at 12 noon GMT using a random selection algorithm.
The winners will be named once their eligibility for the Prize has been verified. The Participants whose names are drawn will be contacted by email by the Promoter within 3 working days of the draw. If the winning participants do not respond within 3 days of sending this email, he/she will be deemed to have renounced his/her Prize, and the Promoter will proceed to select another winner.
The name and country of residence of the winners can be obtained by sending a stamped addressed envelope to the Promoter at the address indicated in Article 3.2 above, during the month following the prize draw.
The postage costs linked to a written request for the name of the winner will be reimbursed at the current second class rate if requested.
The winner must accept that the Promoter will publish his/her name, the date he/she won and details of the prize on the Site, without giving any right to compensation or benefit other than allocation of the Prize.
The winner must comply with these terms and conditions of the Competition. In the event of non-compliance with these rules, the Prize will not be awarded. Participants agree to all checks concerning their identity, age, postal address reasonably necessary to enable the Promoter to establish their genuine participation. Any false declaration, indication of identity or false address will lead to immediate disqualification of the Participant.
ARTICLE 6. LIABILITY
The content of the Website, the commercial names and brands mentioned, the graphic and computer elements and database comprising the Website, are the exclusive property of the Promoter or their respective owners and may not be extracted, reproduced or used without the written prior authorization of the Promoter or the owners, under penalty of civil and/or criminal proceedings.
Any resemblance of Competition characters or elements to other fictitious characters or elements already in existence is purely coincidental and cannot engage the responsibility of the Promoter or his service provider, the company 1000mercis, acting on behalf of the Promoter.
The Promoter or the company 1000mercis, acting on behalf of the Promoter, and each of such company's employees, officers, directors, agents and representative are not responsible for and shall not incur any liability if, in the event of a natural disaster or events outside their control this Competition does not in any way function as intended or if due to such instances, they cancel, shorten, extend or defer the present Competition or modify the terms and conditions. In all cases they reserve the option to extend the participation period. In particular, the Promoter or its service providers will bear no liability for cases where the Website is unavailable during the Competition, or where the automatic draw procedure malfunctions for external reasons or where information supplied by the Participants is destroyed for external reasons.
The Promoter reserves the right at its sole discretion to substitute any prize which is unavailable with another prize of equivalent commercial value.
The Prize may not give rise to any dispute or claim of any kind, or be exchanged, or substituted for payment of its value in cash. The winner(s) agree not to seek the responsibility of the Promoter or its service providers concerning the quality, specification or operation of a product or service offered as a prize within the context of the Competition. By accepting a Prize, the winner(s) agree to release the Promoter, the company 1000mercis and any other entities associated with this Competition, along with each of their employees, officers, directors, agents, representatives, from any and all liability, loss, damage or disappointment arising from or in connection with the awarding, receipt and/or use or misuse of Prize or participation in the Competition. Nothing in these terms and conditions shall limit or exclude the Promoter's liability for death or personal injury caused by the Promoter's negligence or any other liability which cannot be limited or excluded under the applicable law.