HELLO FITZROVIA PRIZE DRAW: TERMS & CONDITIONS
1. PROMOTION
1.1 The following terms and conditions set out how you can win Hello Fitzrovia’s giveaway when active (“Promotion”).
1.2 The promoter of this Promotion is Shaftesbury Captial PLC of Regal House, 14 James Street, London, WC2E 8BU (“Promoter”) and communications agency Street & Co (“Administrator”).
1.3 By entering the Promotion, you agree to be unconditionally bound by these terms and conditions and by any other requirements set out in the promotional material relating to this Promotion. A copy of these terms and conditions shall be available online for the duration of the Promotion and for 4 weeks following the Closing Date, at: www.hellofitzrovia.co.uk.
2. ELIGIBILITY
2.1 This Promotion is open only to legal residents of the UK (England, Scotland and Wales) and is not open to those residing in any country or location outside of the UK.
2.2 You must be at least 18 years of age or (if higher) the age of majority in the jurisdiction where you reside to participate in the Promotion. Those under the age of 18 cannot participate in the Promotion and even if they do participate and win, they will not be awarded the Prize.
2.3 The Promotion is not open to:
(a) employees of the Promoter or its holding or subsidiary companies; or
(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, including Promoter’s advertising agencies and sales promotion consultancy, or anyone else who is professionally connected with the Promotion or its administration; or
(c) members of the immediate families or households of (a) and/or (b) above
2.4 In entering the Promotion, you confirm that you are eligible to do so and eligible to claim any Prize you may win.
3. STARTING DATE AND CLOSING DATE
3.1 The Promotion begins on the first of each month at 00.01 GMT (“Opening Date”) and ends at 12.00 GMT on the last day of the month (“Closing Date”) (“Promotion Period”). A winner will be selected at random from the list of current subscribers at 12.00 GMT on the final day of the month.
3.2 Only entrants who have submitted entries within the Promotion Period shall be eligible to participate in the Promotion. All entries received after the Closing Date are automatically disqualified.
4. PRIZES
4.1 The winner will be awarded the prize listed in that month’s newsletter. (the “Prize”).
4.2 Travel to and from Fitzrovia is not included in the Prize. Therefore the winner will need to easily get to the area.
4.3 A Challenge 25 policy shall be enforced at the venue / event. Winner(s) must comply with this policy and provide evidence of age as required at the venue / event. Promoter shall not be responsible for any non-attendance due to winner’s failure to comply with this policy.
4.4 Prizes are as stated, and are not negotiable or transferable. Prizes cannot be substituted for a cash alternative.
4.5 Prizes are subject to availability. Restaurant bookings are subject to availability. Promoter reserves the right to substitute the Prize with an alternative prize of equal or greater value in the event that the advertised prizes become unavailable for any reason.
4.6 The Prizes are supplied by third party merchants (“Promotion Suppliers”). The Promoter is not the supplier(s) of the Prizes or an agent of the supplier(s) of the Prizes. The Promoter makes no warranty or representation as to the quality, value, merchantability or fitness for purpose of the Prizes and assumes no liability or responsibility for the acts or omissions of the Promotion Suppliers or any non-performance by Promotion Suppliers or defects in the Prizes.
4.7 The entire Prize must be claimed and used within 2 months of notification.
5. HOW TO ENTER
To enter, visit the Promoter’s website at www.hellofitzrovia.co.uk and sign up for the monthly newsletter.
The Promotion is free to enter. No purchase necessary. Your operator’s standard data or communication charges shall apply.
6. ENTRY LIMITATIONS
6.1 There is a limit of one entry per e-mail address.
6.2 The Promoter will not accept entries that are: automatically generated by computer; completed by agents, third parties or organised groups; completed in bulk; incomplete; illegible; altered, reconstructed, forged or tampered with; or photocopies and not original.
6.3 The Promoter reserves the right to remove any offensive, infringing or inappropriate posts published on its social media pages and/or published in connection with the Promotion, and to exclude those responsible for such posts from the Promotion.
7. SELECTION OF WINNERS
7.1 At 12.00 GMT on the 30th November 2022, a winner will be selected at random by a draw performed by a computer process from all eligible entries received in accordance with these terms and conditions (each a “Winner”, together the “Winners”).
8. WINNER ANNOUNCEMENT
8.1 The Winner(s) of the Promotion will be announced in the following month’s newsletter and will also be contacted directly by the Administrator within 10 days after the draw. (“Announcement Date”). The decision of the Promoter is final and binding and no correspondence or discussion will be entered into regarding the outcome of the Promotion, except for with the Winner(s).
8.2 Except to the extent that the Promoter is prevented by law from doing so, the Promoter will send the surname and county of residence of the Winner(s) to anyone who sends an e-mail to info@hellofitzrovia.co.uk one month after the Closing Date requesting details of the Winner(s).
8.3 If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter at info@hellofitzrovia.co.uk. In such circumstances, the Promoter may still provide the information and winning entry to a relevant regulator on request.
9. CLAIMING THE PRIZE
9.1 The Promoter will make reasonable efforts to notify the Winner(s) by email within ten (10) business days from each monthly draw. The Winner(s) must, within ten (10) working days of being notified as the Winner, confirm to the Promoter by return email that they wish to accept the Prize.
9.2 The Administrator will prepay the agreed venue in Fitzrovia to be redeemed at the agreed date.
9.3 If the Winner cannot be contacted or is not available, or has not claimed their Prize within ten (10) working days of receiving notification of the same, the Promoter reserves the right to randomly select by a draw performed by a computer process an alternative Winner.
9.4 The Prize may not be claimed by a third party on a Winner’s behalf. The Promoter does not accept any responsibility if a Winner is not able to take up the Prize.
10. DISQUALIFICATION
10.1 To be announced as a Winner, and to claim a Prize, the entrant must have complied with and remain in compliance with these terms and conditions.
10.2 If an entrant does not comply with all of the above requirements within the above time frames, or if Promoter has reasonable grounds to believe that an entrant has breached any of these terms and conditions, the Promoter may disqualify the entrant without any liability to that entrant, and where entrant is a potential Winner, select a replacement Winner.
10.3 The Promoter may employ measures to detect and prevent fraudulent or abusive activities in connection with the Promotion. The Promoter reserves its right to disqualify you, without prior notice and without liability to you, if the Promoter, in its sole discretion, believes that you have engaged in fraudulent or abusive activities in connection with the Promotion.
11. LIMITATIONS ON LIABILITY
11.1 By accepting a Prize, the Winner agrees to release and hold harmless the Promoter and its subsidiaries, affiliates, suppliers, distributors, agencies and each of their respective parent companies and each such company’s 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, inability to participate in the promotion, or receipt of, use or misuse of any Prize.
11.2 The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilised in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software failures of any kind including any injury or damage to any person’s computer account resulting from participating in this Promotion, or mis-transcribed data; (3) unauthorised human intervention or human error which may occur in any part of the entry process or the process for allocating the prize(s); (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen entries or notifications; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, if it is possible. Proof of entry is not automatically proof of receipt.
11.3 Nothing in this section shall exclude the Released Parties’ liability for death or personal injury caused by their negligence, for fraud or fraudulent misrepresentation, or for any other liability whose limitation is prohibited by law.
12. OWNERSHIP OF ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
12.1 All entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt.
13. TAXES
13.1 The Prize may be taxable income under the laws applicable to the Winner(s). Any taxes applicable to the Prize are the sole and exclusive responsibility of the Winner(s). The Winner(s) are solely responsible for reporting the Prize to the relevant tax authorities, and paying all taxes applicable to the Prize, as required by the applicable tax laws. Upon request from the Promoter, the Winner(s) will promptly complete and submit to the Promoter all tax forms, certificates or authorizations as may be necessary under the applicable tax laws.
14. DATA PROTECTION
14.1 The Promoter collects and uses personal data to conduct the Promotion, as is necessary for the Promoter to be able to perform its agreement with you and in order to comply with its legal obligations, including to select the winners, deliver the prizes and publish the results (as required by advertising regulations).
14.2 The Promoter will only process personal data submitted to the Promoter as set out in the Promoter’s Privacy Notice, available at www.hellofitzrovia.co.uk (“Privacy Notice”). This Privacy Notice contains information about how to access, correct or update your personal information, how to make a complaint about a potential breach of privacy and how the Promoter will deal with such a complaint.
15. GOVERNING LAW AND JURISDICTION
15.1 The Promotion, these terms and conditions and any dispute arising therefrom shall be governed by and construed in accordance with the laws of England and Wales. This choice of law does not deprive you of the protection afforded to you under your own laws and such provisions that cannot be derogated from by agreement by virtue of the law of your jurisdiction.
15.2 The parties submit to the non-exclusive jurisdiction of the English courts. This choice of jurisdiction shall not limits your right to bring proceedings, including third party proceedings, in any other court of competent jurisdiction, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
16. GENERAL
16.1 Please see Promoter’s website www.hellofitzrovia.co.uk for a copy of these terms and conditions. The terms and conditions shall be available until at least four weeks after the Closing Date.
16.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion or amend the Promotion where it becomes necessary to do so.
16.3 If any provision(s) of these terms and conditions (or any part thereof) are held to be invalid or unenforceable, all remaining provisions (or any part thereof) hereof will remain in full force and effect.
16.4 You may not assign or delegate these terms and conditions or any of your rights and obligations hereunder. Any purported assignment shall be null and void.
For help with entries, please contact info@hellofitzrovia.co.uk.
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