Terms and Conditions - Kildare Village Lismore Opera Festival draw
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
By entering into this Kildare Village Lismore Opera Festival draw in accordance with these Terms and Conditions, you will be entered into a draw to be in with a chance to win the Prize (as defined in paragraph 6 below) (the “Draw”). The following terms and conditions apply to the Draw.
The producer of the Draw is Kildare Retail Services Limited of 1B Nurney Road, Kildare, County Kildare, company number 403960 (the “Producer”).
Entries will be accepted from 12.00 Greenwich Mean Time (“GMT”) on 18 May 2017 until 18.00 GMT on 25 May 2017 (the “Draw Entry Period”).
For the avoidance of doubt, no entries will be accepted beyond 18.00 GMT on 25 May 2017.
The Draw is open to all entrants who follow the link which will be sent via e-shot to the Kildare Village database members, and will also be available on the Kildare Village Twitter account and the Kildare Village Facebook page (the “Link”) and who validly enter the Draw by following the steps outlined in Clause 4 below (the “Entrants”). 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:
- that the Draw is in no way sponsored, endorsed or administered by, or associated with Twitter or Facebook;
- to be bound unconditionally by these Terms and Conditions; and
- that the Producer can use the information supplied to contact an Entrant to the extent reasonably required in connection with the Draw.
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 on 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:
- follow the Link to the dedicated webpage for the Draw; and
- insert their name, email address and contact number where indicated and submit.
Entrants should note that there is only one (1) entry permitted per Entrant. 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.
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.
In the event of a dispute as to any registration, the authorised account holder of the email account registered with the Kildare Village database will be deemed to be the entrant (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 Winner
The winning Entrant (the “Winner”) will be chosen at random on 26 May 2017 from those Entrants who enter the Draw. The Producer will notify the Winner that they have won the Prize (as defined below in Clause 6) by sending an email to the email account of the Winner on 26 May 2017 (the “Notification”).
The Winner must claim the Prize by responding to the Notification within 24 hours of sending, by sending an email response to the Promoter confirming their: (a) name; (b) contact details; and (c) acceptance of the Prize (the “Confirmation”).
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 at random from the other Entrants, and reallocate the Prize.
The prize is comprised of the following items:
- two (2) premium seats for the Lismore Opera (the “Opera”) on 2 June 2017;
- one (1) complimentary programme for the Opera;
- two (2) complimentary glasses of champagne (one each) at the Opera;
- a three (3) course dinner for two (2) in the Castle Garden restaurant at Lismore Castle plus a complimentary bottle of wine to be availed of on 2 June 2017 only; and
- an overnight stay for two (2) on the night of 2 June 2017 with breakfast at Kilshannig House
together the (“Prize”).
The Prize must be used by the Winner on 2 June 2017 only and each part of the Prize is subject to availability.
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 (or part thereof) but in the event that this is not possible an equivalent prize (of greater or equal value) will be made available to the Winner.
- 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. Entrants are entitled, on written request to the Producer at http://bit.ly/2ll8aCS, to access their personal data and to have any incomplete, inaccurate or misleading data amended or erased.
Upon winning the Prize, the Winner agrees to release and hold harmless the Producer and its officers, directors, employees, agents, Twitter and Facebook (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 Releases Parties.
Except where prohibited by law, registration for the Draw constitutes the consent to the Producer’s use of the Winner’s details 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 in the Link or on the Producer’s website, 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;
- 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 Draw 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 Draw, 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 Draw, shall be governed by, and construed in accordance with, the laws of Ireland without giving effect to any choice of law.