Swizzels ‘Fun in the Sun’ Text to Win Terms & Conditions
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim instructions are deemed to form part of the terms and conditions and by participating all entrants will be deemed to have accepted and be bound by the terms and conditions.
- The Promoter: Swizzels Matlow Limited, Carlton House, Albion Road, New Mills, High Peak, Derbyshire, SK22 3HA.
- Eligibility: This prize promotion is open to all residents of England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man only, aged 18 years or over.
- Entrants must have a mobile phone able to send and receive text messages on a UK network.
- Promotional Period: Opens on 1st March 2019 and closes at 23:59 30th September 2019.
- Entry Instructions for England, Wales, Scotland, the Channel Islands and the Isle of Man: Purchase necessary (excluding Northern Ireland residents – see clauses e-j for no purchase necessary route)
- Purchase 3 x cases of any Swizzels sharing bags (this includes but is not limited to Drumstick Squashies Original 12 x 145g, Drumstick Squashies Bubblegum 12 x 145g, Drumstick Squashies Sour Cherry & Apple 12 x 145g, Drumstick Choos 12 x 135g, Refreshers 12 x 135g, Loadsa Sweets 12 x 135g) during the promotional period and retain your invoice/receipt. Purchases must be in a single transaction.
- Text SUN followed by a space, your name, the name of the Wholesaler where you purchased the products if applicable, and your invoice number to 82727 anytime from 1st March 2019 to 23.59 on 30th September 2019. The message will be charged at the service provider’s standard network rate but may not be included in any text inclusive package. Entries received after the closing date will not be entered but may still be charged.
- Entry will be confirmed with a ‘Thank You’ message response. There is no charge to the participant for this message.
- If you are unable to send a text, please check with your network operator first.
Entry Instructions for Northern Ireland: No Purchase Necessary
- Text SUN followed by a space, your name and the name of the Wholesaler where you purchased the products if applicable to 82727 anytime from 1st March 2019 to 23.59 on 30th September 2019. The message will be charged at the service provider’s standard network rate but may not be included in any text inclusive package. Entries received after the closing date will not be entered but may still be charged.
- Entry will be confirmed with a ‘Thank You’ message response. There is no charge to the participant for this message.
- If you are unable to send a text, please check with your network operator first.
- Maximum of 5 no purchase necessary entries per month per person during the Promotion Period.
- All valid no purchase necessary entries will be given an equal chance of winning as all other entries.
- All other provisions of these Terms and Conditions shall apply equally to entries via the no purchase necessary route.
- Entry is by text only. Only one entry per invoice/receipt (i.e. for each separate entry the entrant must purchase a further 3 x cases of Swizzels products in accordance with section 5a. above). For the avoidance of doubt only one unique mobile number will be accepted per person, and a person can use this mobile number to enter once per day (one entry per invoice/receipt). Any further attempts to enter will not be counted but could still be charged.
- Text lines are open 24 hours until 23:59 on the closing date. Ask the bill payer before texting. If you text after the closing date, you will not be entered but you will be charged. Take care when entering the text code; the promoter is not responsible for mistypes and you may be charged at a higher rate
- No third party or bulk entries. Entries via third parties or syndicates, entries by macros or other automated means and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the Promoter using identities other than their own or any other automated means in order to increase that participant’s entries or otherwise acting in violation of these terms, then the Promoter reserves the right to disqualify these participants and to void any prize entitlement.
- Prize Fund:
- There is one holiday prize available to be won.
- A £3,000 holiday voucher to be used on a Flight + Hotel booking with On the Beach.
- The Prize must be redeemed by 30th September 2020.
- This will be an all-inclusive holiday for a family of 4 (2 adults and 2 children (aged 12 and under)) to the Canaries.
- All Prizes are subject to availability and the Promoter reserves the right to replace any of the prizes with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control make it necessary to do so.
- All Prizes are non-exchangeable, non-transferable and have no cash value. No cash equivalent will be given.
- The Prize does not include travel insurance, or any other items or expense not specifically stated within the Prize description. All such costs and expenses will be the responsibility of the Winner and members of their travelling party.
- The Winner and their travelling party are responsible for ensuring they hold a valid passport and any necessary visa to travel, hold all adequate travel insurance policies, and comply with any other Terms and Conditions applicable to the Prize.
- The Prize may only be redeemed through bookings made with the Promoter by telephone. The Winner must notify the Promoter that they wish to redeem their prize by emailing winners@onthebeach.co.uk before booking.
- The Prize cannot be redeemed online. It may only be redeemed upon a telephone booking.
- All bookings made to redeem the Prize are also subject to the Promoter’s separate Terms of Business, and the Terms and Conditions of the suppliers of the flights and accommodation. Copies of these terms can be found on the Promoter’s website.
- If a booking is cancelled by the winner, no alternative tickets will be issued and for the avoidance of doubt, no compensation and/or refund will be provided.
- The winner is responsible for the behaviour of themselves and their guests whilst taking the Prize. The Promoter reserves the right in its absolute discretion to exclude the winner and/or guests from participation in any aspect of the Prize if any party fails to comply with the directions of the Promoter or any companies associated with the Prize or if the winner and/or guests act in a manner that is dangerous to themselves or to the public or is, in the opinion of the Promoter, anti-social in any manner or which causes a disturbance or nuisance to others.
- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- Winner Selection: One winner will be drawn from all entries using an independently verified computer system within 7 days of the closing date.
- Winner Notification: The winner will be notified by phone within 7 days of the closing date. It is the responsibility of the entrant to ensure that they respond to the winner notification, either by answering a call or returning a voice message left by calling the freephone number provided. If the winner does not respond within the initial 7 days, they will be telephoned again and given a further 7 days to respond. The winner may be asked to provide proof of purchase if they live outside Northern Ireland. If contact cannot be made, or the prize is not claimed, or if the required information is not provided, within 14 days of the initial prize notification date then the Promoter reserves the right to draw an alternative winner (using the same mechanism as the original winner). The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
- The winners will be responsible for anything which is not expressly included in the prize and for any tax liability which may arise in connection with their receipt of the prize.
- Promoter’s decision is final and binding. No correspondence will be entered into.
- The Promoter reserves the right to verify the winners and ask for proof of purchase, identity, age, address, employer’s permission (where relevant) and invoice with proof of purchase and to disqualify an entrant and withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions. The Promoter reserves the right to disqualify any entrant where it has reasonable grounds to believe that that entrant requires permission from their employer to participate in this promotion and that they do not have such permission (or have not complied with any procedures or rules of their employer governing participation in promotions).
- You agree that if you are a winner, you will take part in and co-operate fully with reasonable publicity and to the use of your name, company name, county, photograph and any comments in such publicity without any fee being payable.
- The name and county of the winner will be made available to entrants after the prizes have been claimed. To obtain this information, entrants can send an email to wecare@swizzels-matlow.com from 28 days after the closing date.
- The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these terms and conditions or the spirit of the Promotion. The Promoter reserves the right to disqualify any person who tries to circumvent the entry process and/or entry instructions by any method and to void any prize award.
- Entry into the Promotion is at the entrant’s sole risk. To the extent permitted by law, the Promoter does not accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or accepting a prize. The Promoter further disclaims liability for any injury or damage to entrants or any other person relating to or resulting from participation with this Promotion save that nothing in these terms and conditions shall act to limit or exclude the Promoter’s liability resulting from its negligence or fraud.
- The Promoter accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or prizes. The Promoter or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of the Promoter or its agencies.
- The Promoter reserves the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.
- The application and interpretation of these terms and conditions shall be governed by the law of England and the courts of England and Wales shall have exclusive jurisdiction in relation to any dispute concerning them.
- Entrants’ personal data submitted in connection with the promotion will be processed by the Promoter and third-party service providers for the purpose of administering and managing the promotion, distributing prizes and verifying the eligibility of entrants/winners. Data processed by the Promoter will be processed in accordance with the Promoter’s Privacy Policy: www.swizzels.com/privacy.
LIMITATION OF LIABILITY
2.1 Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. All entrants’ statutory rights are not affected.
2.2 In any event, liability of the Promoter is limited to the maximum value of £1,000.
2.3 The Promoter is not liable for any costs incurred by winners in the redemption of any of the Prizes.
2.4 Neither the Promoter, its employees or agents shall have any responsibility or liability for any of the following:
(a) Any incorrect of inaccurate entry made;
(b) Any system failures on any of the websites or platforms being utilised to run the Competition;
(c) Any third party’s failure to fulfil its obligations under these Terms and Conditions; and
(d) Any third party failure that results in the interruption or cancellation of the Competition and/or any Prize that may be associated with the Competition.