NESQUIK AND CRAYOLA INSTAGRAM PRIZE DRAW TERMS AND CONDITIONS
Full terms and conditions
These Terms and Condi0ons (the “Terms and Condi0ons”) prevail in the event of any conflict or inconsistency with any other communica0ons, including adver0sing or promo0onal materials. Entry instruc0ons are deemed to form part of these Terms and Condi0ons and by par0cipa0ng all par0cipants will be deemed to have accepted and be bound by them. Par0cipants should retain a copy for their informa0on. The Promoter takes data protec0on seriously. By entering this promo0on, par0cipants confirm that they have read the Promoter’s Privacy Policy and agree to these Terms and Condi0ons of the promo0on. By submijng any informa0on required as part of their par0cipa0on into the campaign, par0cipants agree to their informa0on being held and processed in accordance with the General Data Protec0on Regula0on (GDPR) and the Data Protec0on Act 2018. Promoter/’we’: Nestlé UK Ltd, Nestlé House, Haxby Road, York YO31 8TA 1. Open to UK residents aged 18 or over, excluding employees of Nestlé UK Ltd and their immediate families, its agents or anyone else professionally connected with the promo0on. 2. Maximum of one entry per person via the promo0onal Instagram posts only throughout the dura0on of the promo0on. The Promoter reserves the right at its sole discre0on to disqualify any individual found to be anemp0ng to circumvent this clause by tampering with the opera0on of the promo0on, sejng up mul0ple accounts, using mul0ple iden00es or to be ac0ng in any manner deemed by the Promoter to be in viola0on of these Terms and Condi0ons; or to be ac0ng in any manner deemed by the Promoter to be disrup0ve. Par0cipants may enter via the official NESQUIK Instagram page and/or via the @nestlecerealsuk official Instagram page. Maximum of one entry per person will be included in the prize draw. 3. No purchase necessary. 4. There is one (1) prize available to be won in total consis0ng of one of each of the following: • NESQUIK products: NESQUIK Hot Chocolate Powder 400g, NESQUIK Banana Milkshake 300g, NESQUIK Strawberry Milkshake 300g, NESQUIK Chocolate Milkshake 300g, and NESQUIK Chocolate-Caramel Powder 300g. • PLUS, two packs (375g) NESQUIK Cereal. • PLUS, a Crayola Bundle containing: 1 x Crayola Inspira0on Art Case, 1 x Crayola Mini Marker Airbrush, 1 x Crayola Mega Ac0vity Tub and 1 x Crayola Colour and Create Tub. The Crayola supplier is in no way associated with, or sponsors of, this promo0on. Images are for illustra0ve purposes only and may vary from the actual prize. No cash or other alterna0ve will be available in lieu of the stated prizes except in the event of circumstances beyond its control, the Promoter reserves the right to offer an alterna0ve prize, in whole or part, of equal or greater value. HOW TO ENTER: • Par0cipants will require an Instagram account to enter and must ensure that their entries are set to ‘Public’. Par0cipants who do not already have an Instagram account may open one at www.instagram.com by following the instruc0ons and reading the relevant terms and condi0ons. • Enter via Instagram by responding in the comments sec0on to the ques0on asked in the official promo0onal post. Entrants must ensure their account is set to ‘Public’ to allow their entry to be included in the prize draw. The winner will be the first entry drawn at random from all valid entries made via the Instagram post on @nesquikuki and/or @nestlecerealsuk by no later than 23:59 on 29.09.23. The winner’s Instagram name will be announced/tagged in the original promo0on posts within two working days of the closing date. The winner will be required to private message the Promoter within five (5) working days of the winner no0fica0on with their contact details to arrange their prize. • By par0cipa0ng entrants understand and agree to their comments being publicly displayed on the @nesquikuki and @nestlecerealsuk Instagram pages. Such entries may be anributed 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, nega0ve or/and discrimina0ve 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 ac0vi0es that may appear unsafe or dangerous, or any par0cular poli0cal agenda or message; iii. Be offensive or be about hate; iv. Defame, misrepresent or contain nega0ve remarks about the Promoter or its products, other people, products or companies; v. Contain trademarks owned by others or adver0se or promote any brand or product of any kind, without permission; vi. Contain copyrighted materials owned by others (including photographs, sculptures, pain0ngs 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 iden0fying any person, living or dead, other than the par0cipant, without permission; viii. Communicate messages or images inconsistent with the posi0ve images and/or goodwill to which the Promoter wishes to associate; ix. Depict, and cannot itself be in, viola0on of any law. 5. The Promoter reserves the right at its sole and absolute discre0on 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 men0on 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 condi0ons. 6. The winner will be drawn at random by an independent third party from all valid entries received by the stated closing date from both par0cipa0ng Instagram pages. The prize draw will be organised by the Promoter. Promoter reserves the right at its sole discre0on to disqualify any individual found to be anemp0ng to tamper with the opera0on of the promo0on, sejng up mul0ple accounts, aliases, using mul0ple iden00es or to be ac0ng in any manner deemed by the Promoter to be in viola0on of the Terms and Condi0ons; or to be ac0ng in any manner deemed by the Promoter to be disrup0ve. Bulk, trade, agencies, third party or automated entries are not permined 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 par0cipants. 8. Prize draw closes at 23:59 on 29.09.23. Par0cipa0on 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 48hrs of the prize draw closing date and the winner no0fied via Instagram only. The winner will be required to contact the Promoter 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 axer three anempts, the Promoter reserves the right to cancel the prize en0tlement and award the prize to a reserve winner who will be drawn at the same 0me as the original winner. If a reserve winner does not respond within 28 days of being no0fied and axer three anempts, the prize en0tlement will be withdrawn, and the prize removed from the promo0on. On comple0on of the valida0on process, the prize will be sent by special delivery post or courier, via a tracked and signed for service, within 28 days of confirma0on of the winner’s address. 10. The Promoter reserves the right to withdraw or amend this promo0on in the event of any unforeseen circumstances outside its reasonable control but will use all reasonable endeavours to minimise the effect to par0cipants to avoid undue disappointment. 11. The Promo0on and these Terms and Condi0ons will be governed by the laws of the par0cipa0ng country and any disputes as to the meaning of these Terms and Condi0ons will be subject to the exclusive jurisdic0on of the par0cipants’ local courts. 12. The decision of the Promoter in all maners connected to this draw is final and binding. 13. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limita0on, indirect, special or consequen0al loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connec0on with this promo0on or accep0ng 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. 14. Promoter reserves the right to verify the winner and to refuse to award the prize or withdraw prize en0tlement where there are reasonable grounds to believe there has been a breach of these Terms and Condi0ons, or any instruc0ons forming part of this promo0on’s entry requirements, or otherwise where a par0cipant has gained an unfair advantage in par0cipa0ng in the promo0on or won using fraudulent means. 15. By taking part in the promo0on, the winner agrees that the Promoter may contact them to ask whether they want to par0cipate in marke0ng ac0vi0es/PR rela0ng to this promo0on only. The winner is under no obliga0on to do so. 16. Subject to the Promoter’s Privacy Policy which can be found at Policy hnps://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.services@uk.nestle.com with the subject line “WINNER’S LIST: NESQUIK/CRAYOLA INSTAGRAM PRIZE DRAW” for a period of three months following the end of the promo0on. The Promoter reserves the right to refuse any or all such requests. When contac0ng this email address, your request will be ac0oned in line with Nestlé’s Privacy Policy. If any winner objects to their informa0on being published, then they can contact the Promoter by emailing: UKI.Dataprotec0on@uk.nestle.com with the subject line “WINNER’S LIST: NESQUIK/CRAYOLA INSTAGRAM PRIZE DRAW”. 17. Data Protec0on: The Promoter will only use the personal details supplied for the administra0on of the promo0on and the audi0ng of the entries where necessary and for no other purpose, unless we have your consent and you have opted-in to receive future marke0ng communica0ons or prize PR. As part of this promo0on, if you are not opted-in into our general marke0ng email, you will s0ll receive emails/messages for this promo0on only to let you know if you have won and to make arrangements for the delivery of the prize. 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.Dataprotec0on@uk.nestle.com . Otherwise, your personal details will at all 0mes be kept confiden0al, and in accordance with the General Data Protec0on Regula0on (GDPR). Click here for the Promoter’s Privacy Policy hnps://www.nestle.co.uk/en-gb/privacypolicy . You can request access to your personal data, or have any inaccuracies rec0fied, or request dele0on of data by sending an email to: UKI.Dataprotec0on@uk.nestle.com. By par0cipa0ng in the promo0on, you agree to the use of your personal data as described here. You can withdraw your consent at any 0me. For the purpose of this promo0on, requests to delete personal data can only be ac0oned axer the promo0on has concluded and the winner(s) accepted their prize. Any data obtained via this promo0on will be deleted axer three (3) months of the promo0onal end date with the excep0on of the winner(s) and reserve(s) whose data will be deleted axer fulfilment of the prize. 18. 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. • Communica0ons line failure, regardless of cause, with regard to any equipment, networks, lines, satellites, servers, computers or providers used in any aspect of the promo0on. • Any unauthorised access to the opera0on of this promo0on. • Inaccessibility or unavailability of the internet or Instagram, or any combina0on thereof. 19. All normal internet connec0on charges associated with the submission of an entry to the promo0on shall be the entrant’s responsibility. 20. This promo0on is in no way sponsored, endorsed, or administered by, or associated with Instagram. Entrants accept and understand that they are providing their informa0on to the Promoter, and that Instagram has no liability for any element of this promo0on. Furthermore, any ques0ons, comments or complaints regarding the promo0on will be directed to the Promoter only. 21. Any person pos0ng, or seen to be pos0ng, comments to the ‘Nesquik’ or ‘@nestlecerealsuk’ social media pages or elsewhere during the promo0on that are considered bullying, spiteful or upsejng to other par0cipants, fans of ‘Nesquik’ or ‘Nestlé Cereals’ or directly aimed at the Promoter, will have their comments removed and will be disqualified from the promo0on. The Promoter reserves the right to alert Instagram to any such behaviour, which may result in the person’s account being frozen pending inves0ga0on. 22. Privacy Policy. As the promo0on is run using Instagram, their privacy policy will apply. See above for the Promoter’s Privacy Policy. 23. To ensure fairness and the integrity of the promo0on to all par0cipants, the Promoter will not enter into discussions regarding the running of this promo0on via social media but will respond to ques0ons via consumer.services@uk.nestle.com. 24. 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 Condi0ons and the remaining clauses shall survive and remain in full force and effect. 25. If, for any reason, any aspect of this promo0on is not capable of running as planned, including by reason of infec0on by computer virus, network failure, bugs, tampering, unauthorised interven0on, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administra0on, security, fairness, integrity or proper conduct of this promo0on, the Promoter may in its sole discre0on modify or suspend the promo0on 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 Condi0ons the Promoter will not be liable for any failure to perform or delay in performing its obliga0on but will always endeavour to minimise the effect to par0cipants in order to avoid undue disappointment. Promoter/’we’: Nestlé UK Ltd, Nestlé House, Haxby Road, York YO31 8TA
