TERMS AND CONDITIONS
UK
These Terms and Conditions (“Terms“) are applicable to the promotion (“Promotion“) as set forth in Articles 3 and 4 which is offered by Win-Win having its registered office in Number One Vicarage Lane, London, E15 4HF and/or one of its affiliated companies (collectively referred to herein as “Win-Win”).[EM1] By participating in the Promotion you unconditionally agree to the applicability of these Terms and any general terms of social media platforms – including but not limited to Instagram – which may remain fully applicable in addition to these Terms.
Article 1 – General
1.1 Entry is open only to residents of UK who are at least 18 (eighteen) years of age at the time of entry.
1.2 This competition is only open to professionals and businesses within the UK.
1.3 Anyone directly professionally connected to the selection of the winner(s) of the Promotion is ineligible to enter this Promotion.
1.4 1 (one) entry equals one tag/share/and entry via the web form at eatwinwin.com/competition
1.5 Win-Win Privacy Policy, which can be consulted online at https://www.eatwinwin.com/policies/privacy-policy are applicable to the Promotion in so far as not explicitly provided otherwise in these Terms.
1.6 Win-Win is entitled to modify these Terms during the Promotion Period without prior notice to participants.
1.7 Modifications of these Terms by Win-Win will be published on @winwinchoc Instagram bio at https://www.instagram.com/winwinchoc/ where you have the ability to save and/or print a copy of the Terms.
1.8 This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
Article 2 – Data
2.1 To be able to win the competition and enable WNWN to communicate with you, you can be asked to provide personal data to Win-Win (e.g. name, (e-mail) address, (mobile) phone number, job title, etc).
2.2 You guarantee that all the information provided by you is correct, accurate and complete. Participants who provide incorrect information may be discounted from the Promotion.
2.3 During your visit to the Win-Win website data could be obtained by using a cookie file which is stored on the hard drive of your computer. Win-Win website uses cookies to distinguish you from other users of our website. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. This however can negatively influence the website’s performance. For detailed information on the cookies we use and the purposes which we use them for see our Cookie policy, which can be consulted online at https://www.wnwnfoodlabs.com/policies/privacy-policy
2.4 The data you provide to Win-Win shall be collected and processed only to the extent and in such a manner as is necessary for the purposes specified in these Terms. Win-Win will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with Win-Win privacy policy. Win-Win shall not sell or transfer your personal data to third parties which are no part of the Win-Win Company without your prior consent.
2.5 Win-Win can collect and process personal data for the following purposes:
a. to carry out obligations arising from any agreements entered into between you and Win-Win
b. to carry out any other (legal) obligations;
c. to provide you with information, products or services that you request from Win-Win or which Win-Win thinks may interest you, where you have explicitly consented to be contacted for such purpose, in particular regarding the Promotion, other promotional games of chance or special offers; or
d. to deliver the available prize to the winner.
2.6 Win-Win will take all appropriate security measures to protect your personal data against loss, damage or unlawful or unauthorized processing.
2.7 You are entitled to make a formal request for the information that Win-Win holds about you. Furthermore, you have the right to require Win-Win to modify or delete personal data. You can exercise these rights at any time by contacting Win-Win customer service, see Article 9 for contact details.
2.8 Personal and computer data can be connected to a computer or an IP (Internet Protocol) address to make it easier for you to require information from Win-Win or to participate in future promotional games of chance. Only computer data, not being personal data, shall be used for tailoring promotional games of chance to your preferences.
2.9 When parental consent or consent of a legal guardian has been given for participation by persons younger than 18 (eighteen) years, Win-Win shall only use personal data needed for participation in the Promotion.
Article 3 – Prize DETAILS
3.1 As a participant in the Promotion you can win up to 6 months of free chocolate to use in your business. This is equal to up to 10kg per month, totalling a maximum quantity of 60kg of product/s.
Article 4 – Promotion
4.1 To enter, you must
· Follow @winwinchoc Instagram page or LinkedIn page
· Like the competition post on either platform
· Enter details on the form on the Win-Win site – eatwinwin.com/competition
4.2 This promotion will run from 2pm 19/12/2024 to 23:59 16/01/2025 (the “Promotion Period“).
4.3 All competition entries must be received by Win-Win by no later than 23:59 16/01/2025. All entries received after this moment are automatically void.
4.4 The prize winner will be selected at random using a random generator tool. Win-Win decision is final and binding and no correspondence will be entered into.
4.5 The winner of the Promotion will be contacted by direct message on Instagram within 14 calendar days and asked to provide contact information, including but not limited to, telephone and/or home address, and/or e-mail.
4.6 Winners can only win once during the Promotion Period.
4.7 The Prize is personal to the winner. The Prize cannot be returned, is non-assignable and non-transferable.
4.8 The Prize will be sent to the address provided by the winner and within 4 (four) weeks after the end of the Promotion Period.
4.9 Win-Win will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, Win-Win reserves the right to offer the Prize to a new selected winner.
4.10 Win-Win reserves the right to offer an alternative Prize of equal or greater value should the original Prize offered become unavailable for reasons beyond its control.
4.11 Prizes will be delivered only to a business address in the UK.
4.12 Any betting and gaming taxes or levies due upon the award of the Prize pursuant to the tax laws of the jurisdiction where a taxable event for such tax purposes is deemed to take place will be borne by Win-Win to the extent permitted by law. All forms of other foreign, domestic or local taxes (including but not limited to individual income taxes) that may be imposed or assessed by any relevant jurisdiction as a result of participation of the Promotion or the award of Prize(s) shall be borne by and for the account of the relevant winner of the Prize(s) and/or the participant.
Article 5 – Shipping costs of Prize
5.1 All reasonably incurred costs related to shipment of the Prize (including VAT) will be paid by Win-Win
5.2 The Prize will be sent to the address provided by the winner within 4 (four) weeks after the end of the Promotion.
Article 6 – Liability
6.1 You agree that participation in the Promotion is at your own risk.
6.2 You declare that you are the sole owner of the intellectual property rights of all materials and information, such as but not limited to copyright, designs, recipes and pictures and irrespective of the method of submission (e.g. orally, electronically or in writing), submitted to WNWN in connection with the Promotion (“Materials“). You also declare that the Materials do not infringe any third party rights and are not otherwise unlawful. You indemnify WNWN for any third party claims regarding the Materials.
6.3 In the event that Materials infringe any third party rights or is otherwise unlawful, Win-Win is entitled to disqualify your entry and to hold you liable for any damages caused as a result.
6.4 Win-Win will in any circumstances not be responsible or liable for any Promotion entries and any Materials.
6.5 Win-Win will in any circumstances not accept any liability for any loss or damage, direct and/or indirect, in connection with the Promotion, including but not limited to:
a. the Prize sent by Win-Win;
b. the cancellation, interruption, or alteration of the Promotion;
c. the unlawful use of any used systems by third parties.
Article 7 – Intellectual property
7.1 “Intellectual Property” means any patents, patentable rights, rights in inventions, utility models, plant varieties, moral rights, personality rights, trademarks, trade dress, goodwill, business names, company names, domain names, copyright, design rights, rights in data, database rights, rights in know-how, specifications, recipe formulations, trade secrets and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country (whether or not registered, whether present, future or contingent, and including without limitation all renewals, extensions, revivals or accrued rights of action) and all pending applications for and right to apply for or register the same.
7.2 Intellectual Property, including but not limited to copyrights are the sole and exclusive property of Win-Win and shall vest in Win-Win.
7.3 To the extent legal title to all such Intellectual Property does not automatically vest in Win-Win, you hereby transfer and assign to Win-Win which transfer and assignment is hereby accepted all worldwide right, title and interest in and to any such Intellectual Property.
7.4 In so far as possible by law, you hereby waive and agree never to assert against Win-Win Intellectual Property to claim authorship, object or prevent modification, or control the publication or distribution with respect to any works protected by Intellectual Property.
7.5 To be complete, Win-Win or its sublicencee is entitled to shorten, alter or remove any Materials in its sole discretion without (prior) notice and/or consent by you.
7.6 By participation in the Promotion you give Win-Win the right to use your name and/or Materials on, included without limitation:
a. Prize; and/or
b. Win-Win website and social network pages including but not limited to Twitter, Instagram and Pinterest.
7.7 Hyperlinking to the Promotion is permitted provided that the following conditions are held:
a. A hyperlink can only be used to link to the homepage of the Promotion;
b. Advertisements, copyright notices and other notifications on the homepage of the Promotion are not hidden;
c. Suggesting or mentioning that Win-Win sponsors or supports your website is not allowed;
d. Hyperlinks are removed promptly if requested by Win-Win
Please also check the applicable conditions of your website provider.
Article 8 – Rights of BRAND
8.1 Win-Win reserves the right to disqualify any entry which has not been made in compliance with these Terms or any applicable legal obligation, without prior notice and to its own discretion, without being liable for any possible damages. WNWN decision will be final and binding in all matters and no correspondence will be entered into.
8.2 Win-Win reserves the right to select (an) alternative winner(s) in the event that any winner(s) have/has contravened any of these Terms.
8.3 Win-Win reserves the right to cancel, suspend, or amend the Promotion without prior notice and at its own discretion, without being liable for any possible damages, to the extent permitted by applicable law.
8.4 The Promotion entry and any accompanying material can be used for private use without prior consent by WNWN
8.5 Unauthorized modification of software applications used for the Promotion without prior consent by WNWN (‘hacking’) is prohibited. Win-Win will hold you liable for any damage suffered by WNWN in this respect.
8.6 The Promotion or the Prize may not be used to:
a. voice political, religious, violent, sexual or racist opinions which are unlawful or are contrary to good morals;
b. offend, tease, discriminate or make any sexual allusion;
c. place harmful software (e.g. viruses or worms) on Win-Win software;
d. damage Win-Win good name;
e. infringe the (intellectual property) rights of third parties.
Article 9 – Release
9.1 You hereby release and discharge Win-Win, and its agents, representatives and assignees from any and all claims and demands arising out of or in connection with the use of your name, likeness, voice, image, and/or appearance, including any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation. This release shall be binding upon you, your heirs, legal representatives, and assigns.
Article 10 – Contact Details
10.1 If you have any queries, remarks or complaints on the Promotion or these Terms, please contact:
Attn. Jamie Bott
jamie@wnwnfoodlabs.com
Article 11 – Miscellaneous
11.1 If and to the extent that any provisions of these Terms are not legally valid or are declared void or unenforceable by any court, the other provisions of these Terms shall not be effected.
11.2 These Terms shall be governed by the laws of England & Wales.
11.3 All disputes arising in connection with these Terms and/or the Terms shall be submitted to the exclusive jurisdiction of the courts of England & Wales.