COMPETITION TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHICH GOVERN ALL ASPECTS OF PARTICIPATION IN THE PROMOTION AND THE AWARD OF THE PRIZE. BY CONTINUED PARTICIPATION IN THE PROMOTION PARTICIPANTS AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. By registering for this competition, participants shall be entered into a free prize draw (the “Draw”) to win the Prize (defined below) (the “Promotion”). The following terms and conditions apply to the Promotion.
2. The Promotion is operated by Kildare Retail Services Limited whose registered office is at 1b Nurney Road, Kildare, County Kildare, company number 403960 (the “Promoter”).
3. The Promotion is open to all individuals who enter the Draw in accordance with these terms and conditions and who are aged 18 years or over at the time of entry (the “Participants”). Employees and immediate family (spouse, parents, siblings and dependents) of the Promoter, their parent companies and affiliate companies, are not eligible to enter.
4. By entering this Promotion, Participants expressly agree to the following;
a) to be bound by these Terms and Conditions; and
b) that the Producer can use the information supplied to contact a Participant to the extent reasonably required in connection with the Promotion.
How to Enter
5. Participants enter the Promotion by:
a. completing their details on the membership card furnished, such details to include (i) First Name; (ii) Surname; and (iii) Email Address; PLEASE NOTE that Participants who tick the box on the membership card to opt-out of receiving email communications from us will still be entered into the Draw; and
b. satisfying the eligibility criteria in these terms and conditions
6. Only one entry per person. Reproduced entries will not be eligible.
7. No responsibility will be accepted for entries that are lost, late, misdirected, incorrect, invalid, unintelligible or incompletely received, for any reason.
8. The prize is one (1) €250 Kildare Village Gift Card and one (1) VIP Day Card (the “Prize”).
9. Participants should note that the Kildare Village Gift Card is subject to its own terms and conditions http://bit.ly/2fZgEwV and that it must be used within twelve (12) months of issue.
10. 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 Winner.
Selection of Winner
11. On 5th September 2017, the Promoter will choose one winner, at random, from those Participants who validly enter the Draw, to receive the Prize (the “Winner”). The Promoter will notify the Winner they have won the Prize using the contact details provided within two (2) days of being chosen (the “Notification”).
12. The Winner must respond to the Notification, within 5 days of receipt, by sending an email response to the Promoter confirming their: (a) name; (b) contact details; and (c) acceptance of the Prize (the “Confirmation”).
13. Once Confirmation is received by the Promoter, a representative of the Producer’s staff will contact the Winner to make arrangements for redemption of the Prize. In the event that no such Confirmation is received, the Winner declines their Prize or provides an incomplete or unsatisfactory response to the Promoter, then the Promoter is entitled to choose an alternative Winner, pursuant to the process above, and reallocate the Prize.
14. The Winner may be required to provide proof of identity and/or age.
15. The Promoter makes no warranties regarding the Prize.
16. By participating in this Draw, Participants agree to the use and disclosure of their personal data by the Producer for all purposes reasonably necessary in connection with the Draw. Participants 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.
17. In particular, by entering the Promotion you consent to the Promoter using your information to contact you by email with an invitation to join the Promoter’s customer database. If you do not wish to consent to being contacted in this way, please tick the box on the membership card furnished to opt - out of such email communication. Opting-out of this email communication does not invalidate your entry into the Draw.
18. If you change your mind and want to withdraw your consent after you have entered the Promotion, you will have the opportunity to do so when you receive the email inviting you to opt-in to the Kildare Village customer database. This will stop you from receiving any further email communications from us. Alternatively, you can notify us at http://bit.ly/2ll8aCS and we will stop this use and withdraw you from the mailing list.
20. Upon receipt of the Prize the Winner agrees to release and hold harmless the Producer and its officers, directors, employees and agents (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 Promotion or receipt or use or misuse of the Prizes. This release does not apply to claims for personal injury or death caused by the negligence of the Released Parties.
Limitations of Liability
21. Released Parties are not responsible for:
a. any incorrect or inaccurate information on the Database, whether produced by an Participant, the Producer or their agents, printing errors or by any of the equipment or programming associated with or utilised in the Promotion;
b. technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
c. any Participant not being able to successfully participate in the Promotion due to any technical or human error which prevents an Participant successfully entering the Promotion;
d. unauthorised human intervention in any part of the entry process or the Promotion;
e. technical or human error which may occur in the administration of the Promotion or the processing of entries; or
f. 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 Participant's participation in the Promotion 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 Participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, an Participant's sole remedy is another entry into the Promotion for the remaining days in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, the Producer, at its discretion, may elect to hold a random Promotion from among all eligible entries received up to the date of discontinuance of the Promotion. No more than the stated Prize will be awarded.
22. By entering this Promotion, Participants 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 Participant of these Terms and Conditions or from any negligence, intentional misconduct or omission of an Participant 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.
23. Except where prohibited by law, registration for the Draw constitutes the Participants’ consent to the Producer’s use of the Participants’ information 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.
24. The Promoter has arranged this Promotion in good faith and does not accept any liability in relation to any consequences emanating from participating in the Promotion.
25. The Promoter reserves the right to cancel, suspend and/or modify the Promotion, the Prize, or any part of it, and/or review and amend these terms and conditions at any time without giving prior notice. The Promoter reserves the right in its sole discretion to disqualify any individual it finds to be acting in violation of these Terms and Conditions.
26. To the extent permitted by applicable law, Participants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, by the exclusive jurisdiction of the courts of Ireland; (2) any and all claims, judgments and awards shall be limited to properly mitigated actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event legal fees; (3) other than for properly mitigated actual out-of-pocket expenses, under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages (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 Participants and the Promoter in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Ireland; and (4) Participants 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. Participants 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 a Participant’s failure to comply with this clause.
27. 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 this right and no further queries on the matter will be accepted by the Producer.
28. 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 part of these Terms and Conditions shall not constitute a waiver of that provision.