Resolution Promotion: Terms and Conditions (Influencer Use)
Prize: 1 case (24 x 275ml bottles) of Resolution will be awarded to 3 randomly selected winners.
Opening Date/Time: 17:00 (pm) on 15th January 2021
Closing Date/Time: 23:50 (pm) on 5th February 2021
No. of Entries: Entrants may enter the promotion once only.
Any entry Criteria: Entries will be via the promoted post on https://www.instagram.com/henrymacintosh/;
- Entries will be via the promoted post on Henry MacIntosh’s Instagram (https://www.instagram.com/henrymacintosh/) page (HM Instagram);
- Entrants must comment on the promoted post detailing an occasion where there has been a mishap, but where they have found the silver lining to enter; and
- Entrants must UK residents and be over the age of 18 at the time of entry.
- The Promoter is Marston’s Beer Company (company number FC037407) (trading as “Marston’s Brewery,”) with its registered office is at 22 Grenville Street, St Helier, Jersey, JE4 8PX (the “Promoter“).
- This promotion is open to residents of the United Kingdom aged 18 or over, except for employees/directors of the Promoter, such employees/directors’ immediate families/households or anyone else professionally involved with this promotion.
- This is an online promotion and internet access, an email account and an Instagram account is required to participate. To enter prospective entrants must prior to the Closing Date, take part in the Resolution Promotion and respond to the post on the HM Instagram account announcing the promotion with their mishaps and finding the silver lining.
- There is no purchase necessary.
- Entrants may only enter the promotion via the promoted post. Entries by any other means, including email, post or facsimile, will not be accepted. All entries must be received by the Promoter before the Closing Date. The Promoter accepts no responsibility for entries that are lost, delayed, corrupted or not received by the Closing Date for any reason. Proof of sending shall not be deemed to be proof receipt.
- Entrants must not use a false name or email or provide any false information when entering the promotion. Entrants shall not share or disclose their login details or password to any third party. The Promoter may refuse, remove, or suspend entries at any time.
- Any entries which have been submitted using scripts, automated systems, collaborative practices or via a third party for commercial gain will be deemed invalid.
- Entrants may enter the promotion for personal non-commercial use only.
- In certain circumstances, the Promoter may, in its sole discretion, offer an alternative to the Prize outlined, or transfer of all or part of the Prize to a family member of the winner. Such circumstances may include (but are not limited to) the Prize being inappropriate for the age or health of the winner or no longer being available for circumstances beyond the Promoters reasonable control. In such circumstances, the Promoter may require the winner to provide written confirmation of waiver of their entitlement and/or written acceptance from any transferee to comply with these terms and conditions. No cash alternative will be available.
- The winner must comply with the relevant terms and conditions applicable.
- Please refer to the promotional page on the Marston’s Brewery Website for full details of the Prize on offer.
Social Media Platforms
- This promotion is not sponsored, endorsed or administered by, or associated with Instagram and by participating in the promotion, each entrant agrees to completely release the relevant platform (or platforms(s)) from any claims or damages the entrant may suffer in connection with their participation in the promotion. You must not re-post, forward or otherwise share Instagram messages or posts relating to this promotion with any of your Instagram contacts who are under the legal drinking age in the intended recipient’s country of residence.
Rules for Promotion Entries
- All submissions/entries must comply with the following “Content Rules”:
a) be in the English language;
b) not name or refer to any individual (or include any third party personal information);
c) not contain the image or likeness of any individual: (1) under the age of 18; or (2) other than the entrant without that individuals’ express consent;
d) not contain any material that infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement;
e) not disparage or be harmful to the Promoter or any of its brands, employees/directors, customers or pubs;
f) not in any way mention, refer or otherwise allude to the name, logo or trade mark of any entity, individual, product or brand other than those of the Promoter and its brands
g) not contain material that is inappropriate, contains nudity, is indecent, lewd, pornographic, obscene, illegal, unlawful, hateful, disparaging, defamatory, slanderous or libellous;
h) not contain any swear words, offensive or vulgar language or other coarse language;
i) not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, political belief, sexual orientation or age;
j) not promote excessive or irresponsible drinking or illegal drugs or tobacco (or the use of any of the foregoing); and
k) not contain any computer virus, bugs, Trojans or other malicious, invasive or harmful code.
- The winners will be the first three entries drawn at random from all eligible entries by a computer process that produces verifiably random results after the Closing Date and will be contacted by the Promoter using the details provided to enter the promotion..
- By submitting an entry to us, each entrant warrants and agrees:
a) that the entry fully complies with the Content Rules;
b) to grant the Promoter a royalty free, worldwide, perpetual license to use, copy, distribute, publish, syndicate, sub-license, transmit, adapt, edit, create derivative works from, exercise publicity and copyright rights in relation to such entry in any manner and in any format and/or media; and
c) that the Promoter may disclose your identity to any third party making any claim or assertion of any kind in relation to your entry or as required for the fulfilment of the Prize.
Limits on the Promoter’s responsibilities and Indemnities
- Winners agree to be fully responsible for any personal or incidental expenses and/or tax liabilities incurred in claiming and using the Prize. The Promoter will not be responsible for any loss, injury, failures or delays resulting from entry into the promotion, a winner’s acceptance and/or use of the Prize, or from circumstances beyond its reasonable control including (but not limited to) acts of God, war, strikes, disputes or the acts or defaults of any supplier of the Prize.
- The Promoter does not exclude liability for any death or personal injury arising from its negligence. Nothing in these terms and conditions will exclude that liability or any other liability, which it is not lawful to exclude.
- The winner will be notified via Direct Message on Instagram. The Promoter will take all reasonable steps to contact the winning entrants to arrange for the delivery of the Prize, but if there is no response within 14 days, or the contact details are invalid, the Promoter reserves the right to (randomly) reallocate the Prize without liability to the first winner.
- The Promoter will not be responsible for any damage, loss or injury to an entrant that is not reasonably foreseeable. The Promoter’s responsibility for any damage, loss or injury to an entrant under these terms and conditions or otherwise in connection with the promotion shall be limited to the value of the Prize won by the entrant.
- The Promoter will not be responsible for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit entrants’ ability to participate in the promotion. The Promoter does not guarantee that Instagram will be operational on any specific device or system or that it will be error free or available all the time.
- Each entrant will indemnify (and will keep indemnified) the Promoter and its affiliates against all costs, claims, losses, damages, expenses (including legal expenses) or other liability arising as a result of a breach of the set terms and conditions, negligence or any other action which imposes an unreasonable burden on the Website and/or Instagram including (but not limited to) the use of software robots.
Data Protection and Privacy
- If you are the winner, you agree that the Promoter may use your name, image and town or county of residence to announce the winner and for any other reasonable and related promotional purposes, including any publicity reasonably required by the Promoter.
- By entering the promotion, you also agree that any personal information provided by you in relation to your entry may be held and used only by the Promoter or its agents and suppliers to administer the competition.
- All winning entrants agree to participate in any reasonable publicity arranged by the Promoter without recompense.
- The decision of the Promoter is final and no correspondence will be entered into.
- The Promoter may, in its sole discretion, disqualify entries deemed to be non-compliant with these terms and conditions or if it has any reason to believe that efforts have been made to distort the competitive process or spirit of the promotion. The Promoter’s decision as to any aspect of this promotion is final. No correspondence will be entered into.
- The Website and/or Instagram may contain links to other websites, including those belonging to the Promoter’s partners. These links are provided for convenience and are not under the control of the Promoter and as such we make no warranty, either expressed or implied, concerning the content of such sites including claims of infringement or that such sites are devoid of viruses or error free.
- The Promoter reserves the right to cancel the promotion or amend these terms and conditions without prior notice at any time, for whatever reason, and without liability to any entrants for doing so. Please check these terms and conditions regularly as any changes are effective immediately upon posting on the Website and/or Instagram.
- The rights and remedies of the Promoter under these terms and conditions are without prejudice to its rights under the law.
- These terms and conditions shall not create any rights or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
- These terms and conditions are made under English law. Any dispute or claim that an entrant or the Promoter brings in relation to or in connection with these terms and conditions or the promotion will be decided on the basis of English law by the English courts alone.
- It is not the intention of this promotion in any way to encourage people to consume excessive amounts of alcohol. The Promoter encourages responsible drinking and directs all entrants to read www.drinkaware.co.uk for more information.
- If you have any questions or comments regarding this promotion, or these terms, please contact us at the above address or using the “Contact Us” section of the Website. Please clearly state the name of the promotion.
- Your personal data will be held by the Promoter and the Administrator and used only for the purpose of administering the promotion and publicising the winners in accordance with the terms and conditions relating to the promotion (“Terms and Conditions”). The Terms and Conditions are the legal basis for the Promoter’s processing. If you do not provide your personal data, the Promoter cannot process your entry, enter you into the promotion or notify you if you are successful in accordance with its obligations under the Terms and Conditions
- If you win a prize, then the Promoter will make your name and county available, as a winner, on the Promoter’s website and/or to people requesting that information in accordance with the Terms and Conditions, in line with the Promoter’s responsibilities under the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. If you do not want your name made available, please inform us using the contact details in paragraph 6.
- If you win a prize described in the Terms and Conditions (or you are a guest of a prize winner), then the Promoter may ask you to sign a promotional release so that the Promoter may use your name, county and photographs or other recordings of you and your guests in connection with the prize in the Promoter’s publicity concerning the promotion and its products, including on (or in) the Promoter’s social media pages, websites, press releases and advertising.
- If you are not successful in winning a prize, the Promoter will delete your personal data promptly after the prizes have been awarded and distributed. If you are successful (or you are a guest of a prize winner), then the Promoter will not keep your personal data for any longer than it needs to, either to comply with the law or to fulfil its obligations to you and other third parties.
- The Promoter will not disclose or share your personal data (or, if you are a winner, the personal the data of your guest(s)) with any third party other than those who are engaged by the Promoter to administer the competition and fulfil the prizes. Your personal data (and, if you are a winner, the personal data of your guest(s)) may be sent to countries outside of the European Economic Area where the Promoter’s (or its third parties’) processing equipment is located in another country or where fulfilment of the prize happens in another country but the Promoter will ensure that any transfer happens in accordance with applicable law.
- Entrants (and winners’ guests) have various rights with regard to their personal data which the Promoter holds about them
a. a right to request a copy of that data;
b. a right to require that the Promoter erases your data (but note that this will automatically remove your entry from the promotion and, if you are a winner or a guest of a winner, will mean that you cannot receive or take up the prize);
c. a right to amend your data; and
d. the right to ask us to port (transfer) your data directly to you or another organisation.
To exercise any of these rights, please contact firstname.lastname@example.org
You will need to make your request in writing, specifying the action that you want the Promoter to take and enclose proof of your identity.
7. If you believe that the Promoter is not treating your personal data in accordance with the law, you have a right to lodge a complaint with the Information Commissioner’s Office. You can find more details at their website https://ico.org.uk/.