ARTICLE 1: ORGANISING COMPANY
International Cookware, hereafter called the “Organising Company”, Unit 1A Hall Dene Way, Seaham Grange Industrial Estate, Seaham, SR7 0PU
is organising a free prize draw accessible on the Instagram page https://www.instagram.com/duralex_uk/
The free prize draw is organised for the United Kingdom.
The purpose of these Rules (hereafter called the “Rules”) is to set out the terms, conditions and procedures for participating in the free prize draw.
ARTICLE 2: GENERAL CONDITIONS FOR PARTICIPATION
This free prize draw, which is free with no obligation of purchase, is offered only to all natural persons of legal age and capacity who are legal residents of the United Kingdom and who have internet access and a valid and active email account, and/or public Instagram account and/or Facebook account.
The following are excluded from any participation in the game or from benefitting from any prizes, either directly or indirectly, and in any manner whatsoever:
- employees, officers and directors, owners, parents, subsidiaries and affiliates and suppliers of the Organising Company, companies in the International Cookware Group, partner companies in the free prize draw and any companies involved in the implementation and execution of the free prize draw, together with their immediate relatives (spouses, siblings, parents and children, including foster and step-relations, and their respective spouses) and household members (whether or not related);
- individuals who have committed fraud in order to participate in the free prize draw in violation of the Rules,
- individuals who have not verified their surname, first name, postal or email address, or their legal status upon request by the Organising Company or who have provided these details in an inaccurate or incomplete way.
By participating in the free prize draw, each participant confirms he/she has legal capacity to enter the free prize draw and indicates express acceptance of (i) these Rules, in all their stipulations, (ii) rules of professional conduct in force on the internet, (iii) applicable laws and rules in force in the United Kingdom, and the decisions of the Organising Company.
ARTICLE 3: DURATION
The game starts on Monday 21st August and is accessible until no later than midnight on Sunday 27th August on the Instagram page https://www.instagram.com/duralex_uk/. The clock on Organising Company’s server shall be the official time keeping device for this free prize draw.
ARTICLE 4: DESCRIPTION AND RUNNING OF THE FREE PRIZE DRAW, AND WAYS OF PARTICIPATING
Participation in the free prize draw is exclusively via the internet on Facebook and/or Instagram pages of Duralex®, to the exclusion of any other means, and by the following mechanism:
- On Instagram:
Participants must have an Instagram account open to the public on the website www.instagram.com and make themselves familiar with the Rules of this free prize draw on the Instagram page of Duralex®: https://www.instagram.com/duralex_uk/
To participate, the participant will have to:
- Follow the page @duralex_uk
- Share a picture of the any Duralex® product you find in a restaurant on your on your Instagram story and tag @duralex_uk
(Each referred to as an "entry"). All postal participation is excluded.
Limit of one (1) entry per player on Facebook or Instagram during the entire duration of the free prize draw.
For the entire duration of the free prize draw, only one prize will be awarded to a household (same surname, same address and/or same email address).
If the information provided by the player to the Organising Company is inaccurate or incomplete, the Organising Company will be unable to despatch the prize which will result in participation being invalid.
Participation shall also be invalid in the event of multiple entries. The Organising Company can unilaterally end participation of the player if the player's participation is contrary to good morals and/or constitutes a disparagement of the Organising Company or of its products.
In any case, for valid participation in the free prize draw, participants must strictly comply with the terms and conditions of participation as set out in these Rules and the terms and conditions of Instagram and/or Facebook.
The Organising Company, under no circumstances, can be held liable in the event of possible malfunction or failure outside its control, in the modes of participation in this game, in particular in the event of page unavailability.
ARTICLE 5: PRIZES
Offered as prizes. 3 winners can choose between a 6 pack of Manhattan Tumblers (low ball) or a 6 pack of Manhattan Hi Ball Glasses.
The prize awarded is non-transferable and shall not be subject to a cash payment by the Organising Company, or any exchange, whether full or partial, in kind or in cash. It is understood, however, that the Organising Company reserves the right to substitute at any time another prize, of at least equivalent value, for the one proposed.
All the brands or product names mentioned in these Rules as well as in on the free prize draw platforms remain the exclusive property of their owner.
ARTICLE 6: AWARDING AND CLAIMING PRIZES
The winners will be selected from all valid entries by a prize draw carried out at the end of the free prize draw, and informed of their win by a private message [to the account provided/on Instagram/Facebook].
At the end of the free prize draw, the prize draw will be carried out by the following independent judge: Liquid PR (the "Agency") at Third Floor, New Oxford House, 16 Waterloo Street, Birmingham, B2 5UG.
Following verification of the satisfaction of the entry requirements (including the player's eligibility and compliance with these Rules) by the Agency, the prize will be sent by the Organising Company by post to the postal address provided by the winner within a maximum period of six (6) to eight (8) weeks, except in the event of force majeure (meaning any event beyond the reasonable control of the Organising Company, including (but not limited to) any act of god, war, civil disturbance, riot, or any action or regulation by any governmental or quasi-governmental entity). The Organising Company cannot be held responsible for delays due to the postal services.
In the event that the winner provides incorrect details, the winner shall be disqualified and the prize shall be selected at random from among the remaining non-winning eligible entries received during the duration of the free prize draw. The Organising Company is not obliged to award any prize to the winner if said winner has not entered their correct details at the time of entering the free prize draw, or if they are not compliant with these Rules.
Organising Company will only make two (2) attempts to reach a potential winner within a seventy-two (72) hour timeframe. In the event the Organising Company cannot reach a potential winner after two (2) attempts have been made, the original potential winner will be disqualified and an alternate winner (selected at random from among the remaining non-winning eligible entries received during the duration of the free prize draw will be notified in accordance with these Rules.
ARTICLE 7: PERSONAL DATA
In the context of the free prize draw, the Organising Company, in its role as data controller, collects and processes some of the participants’ personal data during the free prize draw, such as their surname, first name and email address (hereafter called together, “Personal Data”).
Data processing is carried out by the Organising Company. Please refer to the following link Privacy Notice - Duralex® Website UK for more information.
ARTICLE 8: LIMITATION OF LIABILITY
Participation in the free prize draw implies knowledge and acceptance of the characteristics and limitations of the internet, including with regards to technical performance, response times to consult, question or transfer information, risks of interruption, and more generally, the risks inherent in every internet connection and transmission, the absence of protection for some data against possible misappropriation and risks of contamination by possible viruses circulating on the network.
It is specified that the Organising Company cannot be held liable for any damage either direct or indirect arising from an interruption, a malfunction in the internet network, telephone lines, reception equipment impeding the smooth running of the game and for whatever reason as the case may be that may result from participation in the game. It shall be incumbent on all participants to take all appropriate steps to protect their own data and/or software stored on their computer equipment against all breaches. Moreover, the Organising Company shall not be held liable in any event for downloading or routing problems or the loss of emails or postal letters. The Organising Company exempts itself from any liability regarding any case of technical malfunction, any defects or anomalies in equipment or software of whatever sort, viruses, bugs, etc.) incurred on the computer equipment of participants and/or the data stored thereon and for any sort of consequences that may ensue on their professional or commercial activity.
The Organising Company shall not incur any liability if in the event of force majeure or events beyond its control (including technical problems, etc.) disrupting the organisation or management of the free prize draw where it will be forced to cut short, extend, postpone, change or cancel the game.
In such circumstances, the Organising Company will put in place the technical means to inform participants on the Organising Company's website.
The Organising Company will do its utmost to allow access to the free prize draw on the website at all times, without being obliged in any way to achieve this. The Organising Company may at any time, including for technical updating reasons, or maintenance, interrupt access to the website and free prize draw that it contains. The Organising Company shall not be held liable in any way for these interruptions and their consequences.
Connection to the game by each individual is their own entire responsibility.
The Organising Company may cancel all or part of the free prize draw if it appears that there has been any fraudulent activity of any type whatsoever, particularly via computer in the context of any participation in the game or in the determination of the winners. It reserves, in this scenario, the right not to award prizes to fraudsters and/or to bring authors of these frauds before the competent courts.
It will incur no liability whatsoever vis-à-vis participants who are responsible for fraud – for example, where a participant uses one or more fictitious or borrowed names from one or more third parties. Any fraud shall result in the elimination of the participant.
The Organising Company declines any liability for any incidents and/or accidents that could occur during the tenure of the prize awarded and/or by the fact of its use, except that nothing in these Rules excludes any liability that cannot be limited by law, including personal injury or death caused by negligence.
ARTICLE 9: MODIFICATION, CANCELLATION, SUSPENSION, DISQUALIFICATION
The Organising Company reserves the right to cut short, extend, postpone, amend, or cancel the free prize draw, at any time and without prior notice if circumstances so dictate.
In such circumstances, the Organising Company will put in place all the means to give participants information about these amendments or changes by any appropriate means.
Participants will be deemed to have accepted any amendment by their participation in the free prize draw. Any participant who rejects any amendment must stop participating in the free prize draw.
The Organising Company may suspend or cancel participation by one or several participants, in the event of finding any suspect behaviour which may be, without this list being exhaustive: the implementation of an electronic registration system, connection by several individuals and different computer workstations coming from the same identifier, i.e., from the same profile registered on the website registration database, an unusual winning rate, an attempt to force the servers of the Organising Company, multiple accounts, etc.
The Organising Company is the sole decision-maker for the exclusion or reintegration of the participants concerned in view of the information in its possession. In the event of a claim, participants must show evidence that they adopted behaviour in compliance with these Rules.
The Organising Company shall not be held liable for this.
In order to give an equal chance to all participants in this free prize draw, the Organising Company reserves the right not to award the prize to fraudsters and/or to bring the authors of such frauds before the competent courts.
ARTICLE 10 - CONSULTATION OF RULES OF PLAY
These Rules may be accessed for free online by accessing Duralex® UK Terms & Conditions (https://uk.duralex.com/blogs/news/competition-terms-conditions)
ARTICLE 11: AGREEMENT ON EVIDENCE
The Organising Company has put in place the technical means needed to demonstrate the participation or non-participation of an internet user. It is thus agreed that, except in the case of an obvious error, the data contained in the IT systems of the Organising Company have probative force or evidentiary weight as regards the connection elements and information resulting from data processing related to the free prize draw. It is agreed that, excepting the case of manifest error, the Organising Company may rely on, in particular for the purposes of proving any act, fact or omission, the programmes, data, files, registrations, operations and other elements (such as monitoring reports or other reports) of a nature or in or on IT or electronic formats or media, prepared, received or maintained directly or indirectly by the Organising Company, and in particular on its IT systems. Participants undertake not to challenge the admissibility, validity or evidentiary proof of the aforementioned elements in kind or in computer or electronic format or support, based upon some legal provision as such and that would specify that some documents must be written or signed by the parties to constitute proof.
Thus the elements considered to constitute proof and, if they are produced as the means of proof by the Organising Company in any litigious dispute or other, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same evidential weight as any document drawn up, received or kept in writing.
ARTICLE 12: GENERAL PROVISIONS
These Rules are subject to the laws of England and Wales.In the event that one of the clauses of these Rules should be declared null and void, this shall not affect the validity and enforceability of the rest of the Rules.