NESQUIK LUCKY FRIDAY INSTAGRAM PRIZE DRAW Sept 2024

 

FULL TERMS AND CONDITIONS

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of these Terms and Conditions and by participating all participants will be deemed to have accepted and be bound by them. Participants should retain a copy for their information.

 

The Promoter takes data protection seriously. By entering this promotion, participants confirm that they have read the Promoter’s Privacy Policy and agree to these Terms and Conditions of the promotion. By submitting any information required as part of their participation into the campaign, participants agree to their information being held and processed in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

 

Promoter/’we’: Nestlé UK Ltd, Nestlé House, Haxby Road, York YO31 8TA

 

1. Open to UK, CI & IoM residents aged 18 or over, excluding employees of Nestlé UK Ltd and their immediate families, its agents or anyone else professionally connected with the promotion.
    
2. Only one entry per person via the promotional Instagram posts only throughout the duration of the promotion. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to circumvent this clause by tampering with the operation of the promotion, setting up multiple accounts, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive.
    
3. No purchase necessary.
    
4. There is one (1) prize available to be won in total consisting of product bundle containing the following items: 
    

• One (1) NESQUIK Chocolate Milkshake Mix (500g)
• One (1) NESQUIK Strawberry Milkshake Mix (500g)
• One (1) NESQUIK Banana Milkshake Mix (500g)
• Two (2) Glass Drinking Bottles with Straws
• One (1) NESQUIK Sticker Sheet
• One (1) Bunny Cookie Cutter
• One (1) Recipe Card

 

All items are subject to availability. No cash or other alternative will be available in whole or part in lieu of the stated prize. However, the Promoter reserves the right to offer an alternative prize, in part or whole of equal or greater value in the event of circumstances outside of its control that prevent the stated prize from being awarded as described.

 

Images are for illustrative purposes only and may vary from the actual items sent.

 

HOW TO ENTER:
 

• Participants will require an Instagram account to enter and must ensure that their entries are set to ‘Public’. Participants who do not already have an Instagram account may open one at www.instagram.com, by following the instructions and reading the relevant terms and conditions.
• Enter via Instagram by commenting on the official promotional post(s) with an emoji as stated.  A maximum of one entry per person will be placed in the prize draw regardless of how many times an individual comments on the participating platform/page. Entrants must ensure their account is set to ‘Public’ to allow their entry to be included in the prize draw. The winner will be drawn at random from all valid entries made via the participating official page by 23:59 on 20.09.24.  The winner will be announced on the original promotion post within two (2) standard working days. The winner will be required to private message the Promoter within a maximum of five (5) working days of the winner notification with their contact details to arrange their prize.
• By participating entrants understand and agree to their comments being publicly displayed on the participating Instagram page(s). Such entries may be attributed to the original entrant using their name as provided with their entry, or as shown on their Instagram account.
• Comments must not infringe the copyright or other intellectual property rights of any third party. The Promoter reserves the right to remove any comments it deems to be:
   

i. Violent, negative or/and discriminative of any ethnic, racial, gender, religious, professional or age group, or be profane or obscene;
 

ii. Promote or be about the use of illegal drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous, or any particular political agenda or message;
 

iii. Be offensive or be about hate;
 

iv. Defame, misrepresent or contain negative remarks about the Promoter or its products, other people, products or companies;
 

v. Contain trademarks owned by others or advertise or promote any brand or product of any kind, without permission;
 

vi.  Contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples") without permission;
 

vii.  Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission;
 

viii. Communicate messages or images inconsistent with the positive images and/or goodwill to which the Promoter wishes to associate;
 

ix. Depict, and cannot itself be in, violation of any law.
 

5. The Promoter reserves the right at its sole and absolute discretion to immediately and permanently remove any comments or posts that it deems to be distasteful, degrading or will in any way cause offence.  Comments should not mention or tag another person except where the entrant has obtained express permission to publicly share that person’s Instagram name.  All entries must conform to Instagram guidelines and terms and conditions.
    
6. The winner will be drawn at random by an independent third party from all valid entries received by the stated closing date. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to tamper with the operation of the promotion, setting up multiple accounts, aliases, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive. Entries (bulk or otherwise) from trade, agencies, third parties, or automated entries, are not permitted and will be disqualified.
    
7. The Promoter reserves the right to remove any entrant from the prize draw whose social media name or photo it deems to be offensive, or it believes may cause offence to other participants.
    
8. Prize draw closes at 23:59 on 20.09.24. Participation is via the method as outlined in Clause 4 above only. No postal or other entry method is available. 
    
9. The prize draw will take place using an independently verified random computer number generator within two (2) standard working days of the prize draw closing date and the winner notified via Instagram only.  The winner will be required to contact the Promoter within five (5) working days via a Private Message to provide contact details and to make arrangements for their prize to be delivered. Whilst all reasonable steps will be taken to contact the winner, if this cannot be achieved within a further seven (7) working days and after three attempts, the Promoter reserves the right to cancel the prize entitlement and award the prize to a reserve winner who will be drawn at the same time as the original winner. If the reserve winner does not respond within 28 days of being notified and after three attempts, the prize entitlement will be withdrawn, and the prize removed from the promotion.  On completion of the validation process, the prize will be sent by special delivery post or courier, via a tracked and signed for service, within 28 days of confirmation of the winner’s address.
    
10. The Promoter reserves the right to withdraw or amend this promotion in the event of any unforeseen circumstances outside its reasonable control but will use all reasonable endeavours to minimise the effect to participants to avoid undue disappointment.
     
11. If any of these clauses should be determined to be illegal, invalid, or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
     
12. The Promotion and these Terms and Conditions will be governed by the laws of England and Wales but any disputes as to the meaning of these Terms and Conditions will be subject to the exclusive jurisdiction of the participants’ local courts.
     
13. The decision of the Promoter in all matters connected to this draw is final and binding.
     
14. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using the prizes, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.
     
15. Promoter reserves the right to verify the winner and to refuse to award the prize or withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these Terms and Conditions, or any instructions forming part of this promotion’s entry requirements, or otherwise where a participant has gained an unfair advantage in participating in the promotion or won using fraudulent means.
     
16. By taking part in the promotion, the winner agrees that the Promoter may contact them to ask whether they want to participate in marketing activities/PR relating to this promotion only. Such publicity may include, without limitation, the entrant’s name and/or if consent given, image or statements made by entrants concerning the promotion and/or prize obtained as part of the promotion. The winner is not obliged to agree to any such request.
     
17. Subject to the Promoter’s Privacy Policy which can be found at Policy https://www.nestle.co.uk/en-gb/privacypolicy , the surname and county of the verified winner will be available upon request by sending an email to: Consumer.Services1@nestle.com with the subject line “WINNER’S LIST: NESQUIK LUCKY FRIDAY INSTAGRAM PRIZE DRAW” for a period of three months following the end of the promotion. The Promoter reserves the right to refuse any or all such requests. When contacting this email address, your request will be actioned in line with Nestlé’s Privacy Policy. If the winner objects to their information being published, then they can contact the Promoter by emailing: UKI.Dataprotection@uk.nestle.com with the subject line “WINNER’S LIST: NESQUIK LUCKY FRIDAY INSTAGRAM PRIZE DRAW”.  We may nevertheless disclose the information to the Advertising Standards Authority if required to do so.
     
18. Data Protection: The Promoter will only use the personal details supplied for the administration of the promotion and the auditing of the entries where necessary and for no other purpose, unless we have your consent, and you have opted-in to receive future marketing communications or prize PR. As part of this promotion, if you are not opted-in into our general marketing email, you may still receive emails/messages for this promotion only to let you know if you have won and to make arrangements for your prize delivery. The surname and county of the verified winner will be made available as set out above and the winner can object to this by emailing: UKI.Dataprotection@uk.nestle.com. Otherwise, your personal details will at all times be kept confidential, and in accordance with the General Data Protection Regulation (GDPR). Click here for the Promoter’s Privacy Policy: https://www.nestle.co.uk/en-gb/privacypolicy. You can request access to your personal data, or have any inaccuracies rectified, or request deletion of data by sending an email to: UKI.Dataprotection@uk.nestle.com. By participating in the promotion, you agree to the use of your personal data as described here. You can withdraw your consent at any time. For the purpose of this promotion, requests to delete personal data can only be actioned after the promotion has concluded and the winner(s) accepted their prize. Any data obtained via this promotion will be deleted after three (3) months of the promotional end date with the exception of the winner(s) and reserve(s) whose data will be deleted after fulfilment of the prize.  
19. No responsibility can be accepted for any entries that cannot be made, are incomplete, corrupted, delayed or are not received for any reason whatsoever. The Promoter cannot assume any responsibility or liability for:
     

• Any faulty or failed electronic data transmissions.
• Communications line failure, regardless of cause, with regard to any equipment, networks, lines, satellites, servers, computers or providers used in any aspect of the promotion.
• Any unauthorised access to the operation of this promotion.
• Inaccessibility or unavailability of the internet or Instagram, or any combination thereof.

 

20. All normal Internet connection charges associated with the submission of an entry to the promotion shall be the entrant’s responsibility.
     
21. This promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram. Entrants accept and understand that they are providing their information to the Promoter, and that Instagram has no liability for any element of this promotion. Furthermore, any questions, comments or complaints regarding the promotion will be directed to the Promoter only. 
     
22. Any person posting, or seen to be posting, comments to the participating social media page(s) or elsewhere during the promotion that are considered bullying, spiteful or upsetting to other participants, fans of the participating brand(s), or directly aimed at the Promoter, will have their comments removed and will be disqualified from the promotion. The Promoter reserves the right to alert Instagram to any such behaviour, which may result in the person’s account being frozen pending investigation.
     
23. Privacy Policy. As the promotion is run using Instagram, their privacy policy will apply. See above for the Promoter’s Privacy policy.
     
24. To ensure fairness and the integrity of the promotion to all participants, the Promoter will not enter into discussions regarding the running of this promotion via social media but will respond to questions via Consumer.Services1@nestle.com.
     
25. If, for any reason, any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion modify or suspend the promotion or invalidate any affected entries. If an act, omission, event, or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.

 

Promoter/’we’: Nestlé UK Ltd, Nestlé House, Haxby Road, York YO31 8TA