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Experience More Limited (Buyagift) – Social Media Competition Terms and Conditions
These Terms and Conditions govern competitions and giveaways (the "Competition”) run by Experience More Limited t/a Buyagift (“EML”) via its social media accounts. By entering into the Competition, all Participants are deemed to have read, accepted and agreed to be bound by these Terms and Conditions.
DEFINED WORDS: In these terms and conditions a bold, capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to “we”, “us” or “our” is a reference to EML. Any reference to “you” or “your” is a reference to any Participant of the Competition and these references may be used interchangeably.
The Parties:
1. EML, with company number 3883868, shall act as the promoter of the Competition and EML’s registered address is Herbal House, 10 Back Hill, London, England, EC1R 5EN
2. A participant refers to any entrant of the Competition (the “Participant(s)”)
Eligibility:
3. Entry is open to all Participants aged 18+ and UK residents, with an active social media account for the relevant platform on which the Competition is advertised.
4. Participants must not be employees of EML or its affiliate companies, agents or any third party directly associated with the administration of the Competition, which includes members of their immediate family or household.
5. In entering into the Competition, Participants confirm that they meet the eligibility requirements under these Terms and Conditions. EML may reasonably require all Participants to provide proof that they meet the eligibility requirements.
6. EML will not accept Competition entries that are automatically generated by a computer, algorithms or completed in bulk by third parties or on behalf of companies or businesses.
7. Entry to the Competition must be made via the defined entry mechanic before the Competition close date/time. Both will be defined in the relevant post on the applicable EML social media account.
8. All Competition entries will be free of charge. No qualifying purchase will be necessary unless otherwise stated.
9. EML may change dates referred to in these Terms & Conditions where such a change is reasonably necessary. Such changes will be notified on the relevant EML social media account.
10. There is a limit of one entry per account on the relevant social media page. Each Participant’s first time-stamped entry will be counted and entered into the Competition. All subsequent entries will be disregarded.
11. EML accepts no responsibility for Competition entries not successfully completed or not received by EML due to a technical fault or technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
12. Participants must have an active, unrestricted Buyagift customer account in order to accept the Prize if they win. Please note that if Participants do not have a Buyagift account, they will need to set up a personal, individual account.
13. EML reserves the right to disqualify any Participants if EML believes, at its sole discretion, that any Participant’s conduct is contrary to the spirit or intention of the Competition.
The Prize:
14. EML reserves the right to replace the Prize with an alternative prize of equal or higher value if circumstances beyond EML's control make it necessary to do so.
15. If there is any restriction on the number of prizes available, this will be stated by EML in the relevant social media post.
16. If the Prize is a Buyagift voucher (“Voucher”), this will be valid for either 12 or 24 months from the date of delivery, as indicated on the relevant Voucher. The Winner must make their selection of experiences before the expiry date printed on your Voucher.
17. Money vouchers cannot be used to purchase special offer products or in conjunction with discount codes.
18. Vouchers can either be used as part payment towards higher priced experience(s) or full payment on any experience(s) of equal or lower value. If you select something of lower value, then you will be sent a credit voucher to use at a future date.
19. EML accepts no responsibility or liability in relation to the services and experiences supplied by third parties as the Prize or as part of the Prize.
20. Items not included which are the responsibility of the Winner when redeeming the Prize include: travel costs, and all other costs not otherwise mentioned herein.
21. It is the Winner and their guests responsibility to comply with the applicable laws and follow the Foreign Commonwealth and Development Office’s travel advice in respect of Covid-19 which can be found at https://www.gov.uk/guidance/travel-advice-novel-coronavirus.
22. The Prize and all elements within may not be sold, traded, transferred, rescheduled to dates not within the dates allocated within the Prize, or refunded.
23. The third party supplier of the experience reserves the right to substitute elements of the Prize at any time or postpone the experience, including but not limited to due to closure of their venue or any unavoidable and extraordinary circumstances.
24. By participating in the Competition, Participants agree that they will be subject to standard Buyagift Terms and Conditions
The Winner:
25. The Winner will be randomly selected by a random number generator on the date specified in the relevant social media post.
26. EML will announce the Winner by commenting on the Prize Draw post on all of the Social Media Pages (the Prize Notification).
27. Reasonable efforts will be made by EML to contact the Winner within 14 days of notification of the Prize Notification. The Winner will have to provide the information requested by EML, which may include but is not limited to the postal address, phone number, allergy information, and any other information reasonably required by EML.
28. If the Winner is unable to be contacted or is unable to comply with these Terms and Conditions, EML reserves the right to offer the Prize to the next eligible entrant, drawn at random.
29. EML is required by the ASA to indicate a valid award took place. By entering into the Competition, the Participant acknowledges that EML intends to publish their social media account details on EML’s social media pages should they win the Prize.
30. If the Winner objects to any or all of their name, their social media details and/or winning entry being published, the Winner must contact EML via private message on EML’s social media page as soon as it receives the Prize Notification or via email to pr@buyagift.co.uk. Not withstanding the above, EML must still provide the information and details of the winning entry and Winner to the ASA and any other regulatory body on request.
31. No Prize may be claimed by a third-party or a business on the Winner’s behalf.
Limitation of liability:
32. Insofar as is permitted by law, EML, its agents or distributors will not in any circumstances be responsible or liable to compensate the Winner or accept any liability for loss, damage, personal injury or death occurring as a result of taking up the Prize, particularly when it is caused by negligence, wilful misconduct or concealment of the Relevant Information by the Winner (deliberate or otherwise). A Participant’s statutory rights are not affected.
GDPR:
33. For more information on how EML processes data and a Participant’s individual rights, please see Buyagift Privacy Notice available at https://www.buyagift.co.uk/privacy
34. By entering the Competition, all Participants consent to the use of their personal data by the EML for the purposes stated in these Terms & Conditions.
General:
35. If there is any reason to believe that there has been a breach of these Terms and Conditions, EML may, at its sole discretion, reserve the right to exclude any individual from participating in the Prize Draw.
36. EML reserves the right to hold, void, suspend, cancel, or amend the Competition in exceptional circumstances where it becomes necessary to do so. EML will communicate any amends to the Competition on the relevant EML social media page, but for the avoidance of doubt, there will be no change to these Terms and Conditions for the duration of the Competition.
37. If any part of these Terms and Conditions is held to be invalid or unenforceable, the remainder shall remain valid and enforceable.
38. EML’s failure to act with respect to a breach of these Terms and Conditions does not constitute a waiver of its rights to act with respect to subsequent or similar breaches.
39. These Terms and Conditions shall be governed by English law and all parties to these Terms and Conditions submit to the exclusive jurisdiction of the courts of England and Wales.