Ronseal Secret Santa Competition Terms & Conditions
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A. GENERAL
- Participation in this competition (“Competition") constitutes your acceptance of these terms and conditions ("Terms"). By entering into this Competition, all entrants will be
deemed to have read, accepted and agreed to be bound by these Terms. - The Competition is promoted by Ronseal part of Sherwin-Williams UK Limited
("Promoter") with its registered office at Avenue 1, Station Lane, Witney, OX28 4XR.
(Please do not send entries to this address). - No purchase or payment of any kind is necessary to enter or win this Competition. A
purchase or payment will not improve your chance of winning. The Competition is void where prohibited by law.
B. ELIGIBILITY
- To enter this Competition, you must be at least 18 years or older, a legal resident of the United Kingdom and/or Ireland, and not an employee, intern, contractor or volunteer of the Promoter or any entity owned directly or indirectly by The Sherwin-Williams Company, Dentsu Creative or an immediate family or household member of any such person.
- By entering the Competition, you confirm that you are eligible to enter and claim a prize. The Promoter reserves the right to request official identification to verify your eligibility. Upon the promoter’s request, you must present such identification or other
documentation supporting your eligibility for Promoter’s review.
C. HOW TO ENTER
- This Competition will open on 5 th December 2023 (BST) at 12:00pm and end on 6 th
December 2023 at 11:59am (BST) (“Prize Draw Period”). - You can enter the Competition via the @ronseal.uk Instagram account, by replying to
the “Secret Santa” Instagram Story using the Instagram Q&A sticker and providing the Instagram handle of an individual nominee. - One entry per person. If any group of people elects to collaborate on a submission, they are required to designate one person as the agent of the group to enter the
Competition, agree to these Terms and accept the Prize (as defined in section C.12
below) on behalf of the group. - Late, invalid, incomplete and/or fraudulent entries will not be accepted. The Promoter is not responsible for entries which are lost or delayed in transit, regardless of
cause. Entries will only be accepted if they comply with all entry instructions. - Entries received in connection with this Competition may be reviewed by the Promoter
or a third-party moderator after they have been placed online to confirm they comply
with these Terms. If any such entries are or could reasonably be construed as being
unlawful or contrary to these Terms, we may report them. - If you submit an entry that includes material the rights in which are owned by a third party, including intellectual property rights such as copyright and trade marks, you will be responsible for any legal action that party may take against you.
- By participating in this Competition, you agree to release, discharge and hold the Promoter and Dentsu Creative from any and all injuries, liability, losses and damages of any kind resulting from your participation in this Competition (save that nothing shall limit the Promoter or Dentsu Creative’s liability for fraud, or for death or personal injury caused by the Promoter or Dentsu Creative’s negligence).
- By submitting your entry, you grant the Promoter a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, and make derivative works of your entry in any media and through any media channel.
- Each entry must:
- be suitable for display and publication online and should not be obscene or indecent (including but not limited to nudity, pornography or profanity), it must not contain defamatory statements or words or symbols that are offensive either generally or to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group. It must not include threats to any person, place, business or group, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards;
- not contain or refer to any products other than those of the Promoter and it must not contain or reference any third party trade marks or logos (other than those of the Promoter unless such inclusion is merely incidental and is not unduly prominent and as long as it is included with due cause and in such a way that it does not take unfair advantage of any third party trade marks; and
- be the entrant’s own work and must not contain any copyright protected works (other than as owned by the entrant).
- The prizes available to win as part of the Competition are as follows:
- There shall be twenty (20) prizes available (each a “Prize” and together the “Prizes”), each Prize consisting of Sherwin-Williams products to be chosen by each Winner from the listed options below:
- Two (2) 2.5L tins of Ronseal’s Garden Paint (any colour choice); OR
- Two (2) 5L tubs of Ronseal’s Fence Life Plus (any colour choice).
- There shall be twenty (20) prizes available (each a “Prize” and together the “Prizes”), each Prize consisting of Sherwin-Williams products to be chosen by each Winner from the listed options below:
The free Sherwin-Williams product will be able to be selected by each Winner from
Sherwin-Williams products that are in stock and available to ship after being contacted as per D.1 below. No cash alternative or sale price will be offered.
The Prizes will be shipped to an address provided by each Winner in the UK or Ireland
(mainland addresses only). No alternative address can be selected for shipping.
The chances of winning a Prize depends on the total number of entries received.
D. SELECTION OF WINNER AND PRIZES
- On 7 th December 2023, the winners will be selected at random from all correct valid
entries received, to determine twenty (20) winners (“Winner(s)”). The nominated Winners shall be notified and contacted by direct message on Instagram, from the @ronseal.uk Instagram account. If the Winners do not claim the Prizes or are not available within 24 hours of the notification, the Promoter reserves the right to draw another winner at random, in accordance with these Terms. The decisions of the Promoter are final and binding. No correspondence will be entered into. - Any and all taxes on the Prizes are the sole responsibility of the Winners, as applicable.
- The Prizes are non-transferrable, non-exchangeable and cannot be redeemed for cash. If you win a Prize:
(a) you may be required to complete and sign the Promoter’s form of Liability and
Publicity Release consistent with these Terms (where not prohibited by law);
(b) The Promoter will determine the method of delivery of the Prizes in its discretion;
(c) The Promoter and Dentsu Creative shall not be liable to any Winner for any delay
in prize fulfilment due to circumstances beyond the reasonable control of the
Promoter or Dentsu Creative.
(d) The Promoter will not replace Prizes and reserves the right to provide a substitute
Prize of reasonably equivalent value;
(e) you agree to comply with any applicable venue and/or ticket terms; and
(f) you acknowledge and agree that you are responsible for your behaviour whilst
taking the Prize. The Promoter reserves the right in their absolute discretion to
exclude a Winner from participation in any aspect of the Prize if any of the
Winners or any of their guests fail to comply with the directions of the Promoter or
any companies associated with the Prizes.
E. PERSONAL DATA
- You acknowledge and agree that any personal information you provide to the Promoter through your participation in the Competition will be processed by the Promoter as a data controller and may be transferred and utilised by Dentsu Creative in accordance with relevant data protection laws (including, without limitation the UK Data Protection Act 2018 and the EU General Data Protection Regulation, as applicable), and the Promoter’s Privacy Policy (which is available at http://privacy.sherwin-williams.com/privacy- highlights) for the purposes of conducting and administering the Competition and as otherwise permitted by applicable law. You may address questions regarding the Promoter’s Privacy Policy, update your marketing preferences (if any) and submit requests for inspection, correction and/or deletion of your personal data by contacting the Promoter.
F. PUBLICITY
- Your participation in the Competition does not grant you any right or licence to use or
display any name, logo or other trademark of the Promoter, including any of Ronseal’s
brands or trademarks. - Where permitted by applicable law, by participating in this Competition, you grant the Promoter the right to print, publish, broadcast, and use any materials submitted by you in connection with the Competition (including without limitation your name, picture, voice, statements and other biographical information) for advertising and promotional purposes throughout the world in any and all media without compensation.
- The Promoter is required to demonstrate that a valid prize has been awarded and must make available details of the Winners. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
G. LIMITATION OF LIABILITY; RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTIES
- By participating in this Competition, you agree: (i) to be bound by these Terms and the decisions of the Promoter and (ii) in so far as is permitted by applicable laws, to forever and irrevocably release, indemnify, and hold harmless Promoter and its owners, subsidiaries, affiliates, any advertising and promotion agencies (and the directors, officers, employees, agents, successors, and assigns of each) from and against any and all liability for personal injuries, loss, or damage, including, without limitation, direct and indirect damages, and death or property damage resulting from, arising from, or in connection with (a) the participation (or the inability to participate) in the Competition and/or any element or activity thereof or (b) any Prize, including any liability/damage resulting from, arising from, or in connection with the acceptance, possession, use, misuse or non-use of any Prize; any defects in any Prize; any inability to use any Prize; or lost, late, stolen, misdirected, or damaged Prize.
- Without limiting Section G(1) and where permitted by applicable law, the Promoter and its owners, subsidiaries, affiliates, any advertising and promotion agencies (and the directors, officers, employees, agents, successors, and assigns of each) excludes all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or
disappointment including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by you howsoever arising in connection with the Competition and/or any Prize and in so far as is permitted by applicable laws, under no circumstance shall the Promoter, its owners, subsidiaries, affiliates, any advertising and promotion agencies (and the directors, officers, employees, agents, successors, and assigns of each) have any liability that exceeds the value of any Prize awarded. - The Promoter and its owners, subsidiaries, affiliates, any advertising and promotion
agencies (and the directors, officers, employees, agents, successors, and assigns of
each) shall not be held responsible for failure or delay to perform all or any part of these Terms including whether any event or match takes place, due to any act or omission beyond the reasonable control of the Promoter, including but not limited to epidemics, pandemics, flood, fire, earthquake, drought or other natural disaster, war terrorism, civil unrest, riots or threats of war, terrorism, civil unrest or riots, any action taken by a governmental or public authority of any kind (including not granting a consent, exemption, approval or clearance), an event of national significance (including any day of national mourning) or any other events, which could not be predicted, controlled, avoided or overcome by the relative party (“Force Majeure Event”). The Promoter may, at its sole discretion, provide a replacement prize where available.
H. GOVERNING LAW
- These Terms, and any dispute or claim arising out of or in connection with them
(whether such disputes or claims are contractual or non-contractual in nature, such as
claims in tort, for breach of statute or regulation or otherwise) will be governed by the
laws of England and Wales and the parties irrevocably submit to the exclusive
jurisdiction of the courts of England and Wales. - Only you may enforce the terms of these Terms and any rights of third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms are
excluded.
I. MISCELLANEOUS
- The Promoter reserves the right to suspend, modify, or terminate the Competition, or
these Terms at any time by posting updated Terms on their website or via the
applicable Social Media Provider channel (as applicable). - The invalidity or unenforceability of any provision of these Terms will not affect the
validity or enforceability of any other provision. In the event that any provision of these Terms is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid, unenforceable, or illegal provisions were not contained herein. - The Promoter’s failure or delay to enforce any term of these Terms will not constitute a waiver of that provision.
- This Competition is in no way sponsored, endorsed or administered by, or associated
with, the owner of Instagram. Any information which an individual discloses in the
Competition is provided to the Promoter and not Instagram. Individuals who enter the
Competition acknowledge and agree that Instagram shall not be held liable for any
damage whatsoever arising from their participation in the Competition.
Good luck!