Terms and Conditions - Kildare Village ‘Get Away Gorgeous’ draw July 2017 – NO PURCHASE NECESSARY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHICH GOVERN ALL ASPECTS OF PARTICIPATION IN THE DRAW AND THE AWARD OF THE PRIZE. BY REGISTERING FOR AND ENTERING THE DRAW ENTRANTS AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
NO PURCHASE NECESSARY
This Kildare Village ‘Get Away Gorgeous” draw (the “Draw”) is open to anyone over the age of 18 at the time of entry who has a valid Twitter and/or Instagram account.
The producer of the Draw is Kildare Retail Services Limited of 1B Nurney Road, Kildare, County Kildare, company number 403960 (the “Producer”). By taking part in this Draw, entrants hereby expressly acknowledge and agree that the Draw is in no way sponsored, endorsed or administered by, or associated with, Instagram and/or Twitter.
Entries will be accepted from 18.00 Greenwich Mean Time (“GMT”) on 30 June 2017 and must be received by 18.00 GMT on 20 July 2017 (the “Draw Entry Period”).
For the avoidance of doubt, no entries will be accepted beyond 18.00 GMT on 20 July 2017.
The Draw is open to all entrants who have an Instagram or Twitter account, who follow the Kildare Village Twitter or Instagram accounts (the “Accounts”) and who are over the age of 18 years of age at the time of entering the Draw (the “Entrants”). When contacted, an Entrant may be required to provide proof of age. Entries are not permitted from employees of the Producer, including employees of their parent, subsidiaries and affiliate companies. By entering this Draw, Entrants expressly agree to the following:
- To be bound unconditionally by these Terms and Conditions;
- That the Producer can use the information supplied to contact an Entrant to the extent reasonably required in connection with the Draw; and
- That the Producer is expressly permitted to use the Photographs (as defined in Paragraph 4 below) on all of its social media tools and other marketing channels.
The Producer reserves the right to disqualify any person tampering with the entry process or the operation of the Draw. The Producer’s decisions are final and binding in all matters related to the Draw. Failure to adhere to these Terms and Conditions will result in immediate disqualification from the Draw. These Terms and Conditions are subject to all applicable laws and regulations in Ireland.
- How to Enter the Draw
In order to enter the Draw, Entrants must:
- take a photograph of the Fiat 500 located in Kildare Village through the on-site picture frame (the “Photograph”); and
- upload the Photograph to Instagram and/or Twitter tagging it simultaneously with #KildareVillage #GetawayGoregeous.
By entering this Draw, Entrants hereby agree to indemnify, defend and hold harmless the Producer from and against any and all losses, damages, liabilities, reasonable legal fees, court costs and expenses resulting or arising from any third party claims, actions, proceedings, investigations or litigation to the extent that they relate to or arise from any breach by an Entrant of these Terms and Conditions or from any negligence, intentional misconduct or omission of an Entrant except to the extent that the losses are determined to have resulted from the negligence, intentional misconduct, omission or breach of statutory duty of the Producer. Entrants should refer to clause 7 for details of the Producer’s Acceptable Usage Policy.
Entrants will be solely responsible for the incidental costs of airtime and telephone time (if any) incurred when logging on to Instagram and/or Twitter as charged by their telephone and internet providers. The Producer is only responsible for the functionality of the Draw. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant’s entry and that Entrant will be immediately disqualified.
In the event of a dispute as to any registration, the authorised account holder of the Instagram or Twitter accounts which follow the Accounts and successfully enters the Draw by following the steps above will be deemed to be the registrant or player (the “Authorised Account Holder”). Entrants may be required to show proof of being the Authorised Account Holder. No responsibility will be accepted for entries that are lost, late, misdirected, incorrect, invalid, unintelligible or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the Producer’s servers or elsewhere.
- Verification of Winners
Three winning Entrants (the “Winners”) will be chosen at random by a member of the Producer’s staff selecting at random three Photographs. The Winners will be selected by the Producer following the expiry of the Draw Entry Period. The Producer will notify the Winners that they have each won a prize (as defined below) by sending an email to the Instagram and/or Twitter account of the Winners on or before 18.00 on 25 July 2017.
The Winners will each win a mini deluxe car valet for use at the Valet Station in Kildare Village only worth €55 (the “Prize”). The Prize must be used by each of the Winners on or before 30 September 2017.
The Winners must claim the Prize within 72 (seventy two) hours of receiving notification from a member of the Producer’s staff that they have won the Prizes. If any of the Winners fail to claim the Prize within this 72 (seventy two) hour period, an alternative winner will be selected at random from the other Entrants by the Producer.
No cash alternatives will be given for the Prize; the Prize is non-transferable and must not be sold or auctioned. Every effort will be made to supply the Prize but in the event that this is not possible an equivalent prize (of greater or equal value) will be made available to the Winners.
- Acceptable Usage Policy
The Producer will monitor any content uploaded onto the Accounts and reserves the right, at its absolute discretion, to: (i) remove any content which constitutes a misuse of the Accounts; (ii) remove any content which in the opinion of the Producer goes against the spirit of the Draw; and/or (iii) to block any user who it has reason to believe may be misusing the Accounts. The views expressed on the Accounts are not those of the Producer and the Producer neither endorses nor shall be held responsible for such views.
Entrant’s agree not to submit any content or use the Accounts to:
(a) engage in any improper, unlawful or immoral purpose, to cause any nuisance or to cause the operation of the services to be jeopardised or impaired;
(b) create, host or transmit any defamatory, offensive, or obscene material or engage in activities which would cause offence to others on grounds of race, creed or sex;
(c) harm, or attempt to harm, minors in any way;
(d) transmit any material that threatens or encourages bodily harm or the destruction of property;
(e) create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other proprietary rights of any other party;
(f) promote any goods or services or to transmit unsolicited advertising material to other users;
(g) transmit any material that harasses another;
(h) make fraudulent offers to sell or buy products, items or services;
(i) add, remove or modify identifying network header information in an effort to deceive or mislead;
(j) access, or to attempt to access the accounts of others or to attempt to penetrate security measures of the Producer or other entities’ computer software, hardware, electronic communication system, or telecommunications system;
(k) collect, or attempt to collect, personal information about third parties without their knowledge or consent;
(l) use the Accounts for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally; or
(m) resell any services provided by the Producer or any boutique at Kildare Village, or their servants or agents without the prior written consent of the Producer.
Please note that the Producer has the ability to trace your IP address and, if necessary, contact your ISP in the event of a suspected breach of this Acceptable Usage Policy.
- Data Protection
By participating in this Draw, Entrant’s agree to the use and disclosure of their personal data by the Producer for all purposes reasonably necessary in connection with the Draw. Entrant’s are entitled, on written request to the Producer, to access their personal data and to have any incomplete, inaccurate or misleading data amended or erased.
Upon winning the Prize, the Winners agree to release and hold harmless the Producer and its officers, directors, employees, agents, Twitter and Instagram (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the Draw or receipt or use or misuse of the Prize. This release does not apply to claims for personal injury or death caused by the negligence of the Producer.
Except where prohibited by law, registration for the Draw constitutes the consent to the Producer’s use of the Entrants’ submission upload content for reasonable publicity purposes in connection with the Draw in any media, worldwide, without any payment or consideration. The Winner further agrees to take part in any publicity that the Producer may reasonably request in connection with the Draw, without any payment or consideration.
- General Conditions
The Producer reserves the right to cancel, suspend and/or modify the Draw, if any fraud, technical failures or any other factor beyond the Producer’s reasonable control impairs the integrity or proper functioning of the Draw, as determined by the Producer in its sole discretion.
The Producer reserves the right in its sole discretion to disqualify or prevent from participating in the Draw, any individual it finds to be tampering with the entry process or the operation of the Draw or to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner.
Further the Producer reserves the right in its sole discretion to not promote and to disqualify or prevent from participating in the Draw, any individual who enters the Draw and whom puts forward an entry that the Producer deems unsuitable (based on the requirements set out in these terms and conditions), or to be acting in violation of the intent or spirit of this Draw. Such a decision will be at the sole discretion of the Producer and the Producer reserves the right and no further queries by Entrants will be accepted.
Any attempt by any person to deliberately undermine the legitimate operation of the Draw may be a violation of criminal and civil law, and, should such an attempt be made, the Producer reserves the right to seek damages from any such person to the fullest extent permitted by law. The Producer’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
- Limitations of Liability
Released Parties are not responsible for:
- any incorrect or inaccurate information on the Accounts, whether produced by an Entrant, the Producer or their agents, printing errors or by any of the equipment or programming associated with or utilised in the Draw;
- technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
- any Entrant not being able to successfully participate in the Draw due to any technical or human error which prevents an Entrant successfully entering the Draw;
- unauthorised human intervention in any part of the entry process or the Draw;
- failure to make available the Prize(s);
- technical or human error which may occur in the administration of the Draw or the processing of entries; or
- save in respect of death or personal injury caused by the negligence of the Released Parties, any injury or damage to property which may be caused, directly or indirectly, in whole or in part, from an Entrant's participation in the Draw or receipt or use or misuse of the Prize (other than as a direct result of the Producer’s negligence). If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, an Entrant's sole remedy is another entry into the Draw for the remaining days in the Draw, provided that if it is not possible to award another entry due to discontinuance of the Draw, or any part of it, for any reason, the Producer, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance of the Draw. No more than the stated Prize will be awarded.
Except where prohibited by law, Entrants agrees that:
- Any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, by the exclusive jurisdiction of the Courts of Ireland;
- Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but shall in no event include legal fees;
- Entrants shall at all times act in an ethical manner and will not do anything that contravenes the United Kingdom Bribery Act, 2010 or any other applicable anti-bribery or anti-money laundering laws and/ or regulations. Entrants warrant that they will not engage in any activity likely to be considered corrupt and shall be liable to the Producer (its affiliates and related companies) and hold harmless the Producer (its affiliates and related companies) in full for all and any actions, claims, proceedings, demands, costs, damages, losses, fines, penalties and expenses suffered or incurred by the Producer (its affiliates and related companies) arising out of an Entrant’s failure to comply with this clause; and
- Entrant(s) hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of an Entrant and the Producer in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Ireland without giving effect to any choice of law.