1. INFORMATION ABOUT OUR COMPETITION TERMS AND CONDITIONS
- Please read these competition terms and conditions carefully. If you enter one of our competitions, your participation will be governed by these competition terms and conditions (Competition Terms).
- Unless otherwise stated, the promoter of any competition shall be: Bean Coffee Liverpool No.1 Ltd, registered in England and Wales with company number 13560231 of 6 Manestys Lane, Liverpool, L1 3DL (Bean Coffee)
- In these Competition Terms, “we” means Bean Coffee (and us and our will be construed accordingly) and “you” means any entrant or potential entrant who participates in our competitions (and your will be construed accordingly).
- We reserve the right to amend at any time these Competition Terms. We may also create rules which will apply to a specific competition only. If we do this, we will provide the specific competition rules to you at the point at which we notify you of the competition and before you decide to enter (for example in any social media post or announcement relating to the competition). We will also publish the specific competition rules on the relevant competition page, as well as a link to these Competition Terms. Any specific competition rules shall be deemed to be incorporated in these Competition Terms.
- By entering any of our competitions, you agree to be unconditionally bound by and comply with these Competition Terms.
- Our competitions are only open to legal residents of mainland UK (excluding Northern Ireland).
- You must be at least 18 years of age to participate in any competition. If you are under the age of 18 you cannot participate in a competition and even if you do participate and win, you will not be awarded any prize.
- Our competitions are not open to:
- our employees;
- employees of our agents or suppliers; or
- members of the immediate families or households of the employees stated above.
- By entering any competition, you confirm that you are eligible to do so and eligible to claim any prize you may win.
3. HOW TO ENTER
- The opening date and closing date is as specified for each competition, and will be set out in the specific competition rules and/or in the social media post or announcement that we provide to you before you choose whether to enter the competition. We reserve the right to amend the competition end date at any time. Only entrants who have submitted entries before the closing date of the competition shall be eligible to participate. All entries received after the closing date are automatically disqualified.
- Details of how to enter the competition will also be outlined in the specific competition rules and/or in the social media post or announcement. Unless otherwise stated in the specific competition rules, there is a limit of only one entry per participant during the relevant promotion period.
- For some competitions, entries must be posted on Facebook, Twitter or Instagram. A Facebook, Twitter and/or Instagram account will be required for entry. You must be the owner of the account from which the entry is received. In the event of a dispute as to any registration or entry, the authorised account holder of the account used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorised account holder for the account. Any entrant using multiple accounts to submit entries will be disqualified from the competition. In the event that an entrant submits multiple entries in a single day, the first entry only shall be accepted.
- We 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 submitted by any other means and not original. No responsibility can be accepted for entries that are not received for any reason.
- There is no entry fee and no purchase necessary to enter the competitions. Your operator’s standard data or communication charges shall apply for access to our website or to our social media accounts as applicable.
- For help with entries, please contact us at: email@example.com.
4. SUBMISSION OF CONTENT
- You are solely responsible for your entry and its content. When you submit an entry (including any accompanying materials), you confirm that your entry does not contain content:
- that may infringe the rights of other parties, including patents, copyrights, trade secrets, trade marks, a person’s data protection rights, rights to privacy or publicity rights;
- that may depict or identify minors, their personal details, their address or ways to contact them;
- that is or appears to be of commercial nature, including advertisements, sponsorships, solicitations, endorsements and public relations material;
- that is false, inaccurate or misleading;
- that may include software viruses, spyware or any other malicious applications;
- that may encourage, support, assist, or advise in the commission of a criminal offence;
- whose publication is prohibited by any applicable law; or
- that may be threatening, abusive, harassing, defamatory, libellous, vulgar, discriminatory, violent, obscene or racially, ethnically or otherwise objectionable.
- Where a competition requires you to submit, post or re-post content, you must not:
- violate any rules, guidelines or instructions that we may convey regarding the competition;
- interfere with or disrupt the operation of the competition;
- engage in any action that may adversely affect other entrants, or, where a judging panel has been appointed, manipulate the judgment or evaluation of competition entries;
- disparage us or harm our goodwill or reputation;
- breach the security of our website or social media accounts/pages or any promotion systems used or identify any security vulnerabilities in them;
- impersonate any person or entity, or make any false statement pertaining to your identity; or
- engage in any activity that constitutes or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.
- We reserve the right to remove any offensive, infringing or inappropriate posts published on its social media pages and/or published in connection with any competition, and to exclude those responsible for such posts from the competition and/or any future competitions.
- Any post required for or related to a competition on social media that you publish on or through your Facebook, Instagram or Twitter account must include:
- the following hashtags: #ad (which must be placed prominently at the beginning of the post); and
- where the promotion requires entrants to share or re-tweet our posts, any links contained in the original social media post published by us (for the avoidance of doubt including a link to these Competition Terms) and any hashtags included in that post.
- When you submit an entry through your social media account, you confirm that all tags associated with the content are accurate.
- Any entrant that does not tag their post in accordance with these Competition Terms shall be automatically disqualified, and their entry shall be deemed to be invalid.
5. OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
- All entries (including any accompanying materials) submitted will become our intellectual property on receipt. You hereby grant ownership to us and waive any and all moral or related rights that you may have in any entry. You agree not to provide any entry in which any third party has any intellectual property, moral or related rights in the entry without procuring a transfer or waiver of those third party rights.
- You agree that we may, but that we are not required to, make your entry (including accompanying materials) available on our website, our social media pages, and any other media, whether now known or invented in the future, and in connection with any publicity of the competition.
- You agree to grant to us a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights and moral rights in the entry and any accompanying materials which you are unable to assign, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entry and any accompanying materials for such purposes.
- You agree to execute any such documents and perform such acts as may be required or as deemed necessary for the purpose of giving full effect to this Section 5.
- Details of any prizes will be outlined in the specific competition rules and/or in the social media post or announcement.
- Prizes are as stated, and are not negotiable or transferable. Except as otherwise set out in these Competition Terms, no prize or part of a prize is exchangeable for cash. We reserve the right to substitute any prize with an alternative prize of equal or greater value in the event that the advertised prize become unavailable for any reason.
- All prizes will be sent by post on the date outlined in the specific competition rules.
7. SELECTION OF WINNERS
- For any prize draw, the winner will be selected at random by a draw performed by a computer process and/or supervised by an independent adjudicator from all eligible entries received in accordance with these Competition Terms.
- For any skills competition, where you are required to submit content to us as part of the competition, the entries will be judged by an independent judge or a panel of judges that includes at least one independent member based on the judging criteria described in the specific competition rules and/or in the social media post or announcement. We will send the full names of judges to anyone who e-mails us requesting this information within 1 month of the competition closing date at: firstname.lastname@example.org.
- Unless otherwise stated within the specific competition rules or competition announcement, the winner, or winners, will be selected within 48 hours of the stated competition closing date/time and the winner(s) will be notified within 7 days (see below).
- Competitions running across multiple social media platforms are representative of only one competition and unless otherwise stated there will be only one winner.
- Our decision and the decision of any judges is final and binding and no correspondence or discussion will be entered into regarding the outcome of any competition, except for with the winner(s).
8. WINNER NOTIFICATION AND ANNOUNCEMENTS
- Unless otherwise stated in the specific competition rules, if you win a competition, we will make reasonable efforts to notify you by direct message, telephone or e-mail using the contact details that you have provided when submitting your entry. You must respond to our notification to claim any prize. If we cannot contact you or you do not respond within 14 days, we reserve the right to offer the prize to another competition entrant selected by the same process and/or in accordance with the same criteria.
- The prize may not be claimed by a third party on a winner’s behalf. We do not accept any responsibility if a winner is not able to take up a prize or if any winner does not receive their prize as a result of providing incorrect contact details or changing their contact details subsequent to the closing date of the competition.
- We will make available information that indicates that a valid award took place. We will send the surname and county of residence of any major prize winners, and, if applicable, copies of their winning entries, to anyone who e-mails us requesting this information within 1 month of the competition closing date at: email@example.com. If you object to any or all of your surname, county and winning entry being published or made available, please contact us at firstname.lastname@example.org. In such circumstances, we may still provide this information to a relevant regulator (including the Advertising Standards Authority) on receipt of a legitimate request.
- The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- To be announced as a winner and to claim any prize, you must have complied with and remain in compliance with these Competition Terms.
- If you do not comply with all of the above requirements within the above time frames, or if we have reasonable grounds to believe that you have breached any of these Competition Terms, we may disqualify you without any liability to you, and where you are a winner or potential winner, and to select replacement winner(s).
- We may employ measures to detect and prevent fraudulent or abusive activities in connection with any competition. We reserve our right to disqualify you, without prior notice and without liability to you, if we, in our sole discretion, believe that you have engaged in fraudulent or abusive activities in connection with the competition.
10. SOCIAL MEDIA DISCLAIMER
- The competitions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter and/or Instagram.
- Facebook, Twitter and/or Instagram are hereby fully released (by us and by you) from all liability that may arise from any matter related to any competition, and Facebook, Twitter and/or Instagram may not be held liable for any claim arising from your participation in any competition or taking up a prize.
- You acknowledge that, by your actions in re-tweeting or reposting any post, that your post shall be publicly visible, and you agree that the post may be shared by third parties in various social media outlets and that we and/or Facebook / Twitter / Instagram (as applicable) is not responsible for any reposting or other use of its posts by third parties.
The prizes may be taxable income under applicable laws. Any taxes applicable to the prizes are the sole and exclusive responsibility of the entrant. You 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 our request, you will promptly complete and submit to us all tax forms, certificates or authorisations as may be necessary under the applicable tax laws.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
- We collect and use personal data to conduct the competitions, as is necessary for us 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).
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- Subject to the 3 below and to the extent permitted by applicable law, you agree to release and hold harmless Bean Coffee 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 any competition or your inability to participate in any competition.
- Subject to 3 below and to the extent permitted by applicable law, the Released Parties are not responsible for:
- any incorrect or inaccurate information, whether caused by you, printing errors or by any of the equipment or programming associated with or utilized in the Promotion;
- 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;
- unauthorized human intervention or human error which may occur in any part of the entry process or the process for allocating the prize(s);
- technical or human error which may occur in the administration of the Promotion or the processing of entries;
- late, lost, undeliverable, damaged or stolen entries or notifications; or
- any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use or misuse of any Prize. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Promotion, if it is possible.
- Nothing in this Section 13 shall exclude or limit the Released Parties’ liability for death or personal injury caused by their negligence, for fraud or fraudulent misrepresentation, or for any other liability whose exclusion or limitation is prohibited by law.
14. OTHER IMPORTANT TERMS
- We reserve the right to cancel or amend the competition and these Competition Terms without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control.
- If any provision(s) of these Competition Terms (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.
- You may not assign or delegate these Competition Terms or any of your rights and obligations hereunder. Any purported assignment shall be null and void.
- Any competition, these Competition Terms 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 any mandatory protection afforded to you under the laws of any other part of the UK in which you reside.
- The parties submit to the non-exclusive jurisdiction of the English courts. This choice of jurisdiction shall not limit your right to bring proceedings in any other court of competent jurisdiction, including any other part of the UK in which you reside, if and to the extent permitted by applicable law.