Terms and Conditions for the Who Do You Drink it For? UGC competition ("the Promotion")
1. By entering this promotion, entrants will be deemed to have accepted and be bound by these terms and conditions. Promotional materials relating to the Promotion, including all information on how to enter the Promotion, also form part of these terms and conditions. In the event of any conflict between any terms referred to in such Promotion materials and these terms and conditions, these terms and conditions take precedence.
2. The Promotion is open to UK including Northern Ireland and Republic of Ireland residents aged 18 and over, with the exception of employees and agents of Nutricia Limited or any of its subsidiary of affiliated companies, members of the immediate families or households of such employees, and anyone otherwise connected with the operation or fulfilment of the Promotion.
3. Internet access and a valid Instagram account is required.
4. The promoter reserves the right to require entrants to prove they are eligible to enter the Promotion. If a winner is found to be ineligible, the promoter reserves the right to award their prize to another participant and to require the return of any prize already awarded.
5. The Promotion starts at 17.00 UK time on 2.03.2022 and all entries must be received by no later than 23.59 UK time on the closing date of 15.04.2022
6. To enter the competition, entrants must:
- Take a photo or video of themselves holding an Actimel bottle mentioning a city or community they drink it for and post it on their personal Instagram story.
- The Instagram story must be accompanied with (i) the hashtag #DrinkItFor and (ii)
the Actimel ‘Who Do You Drink It For’ sticker which can be found on Actimel’s Instagram page [https://www.instagram.com/stories/highlights/18033742231334140/]
- (iii) Tag someone on their Instagram story who should join the challenge.
- Lastly, entrants need to follow both @actimel_uk and @fareshareuk accounts on Instagram.
7. Entries submitted by any other means will not be accepted.
8. Residents in Northern Ireland can enter the promotion by following the same set of instructions listed above with no purchase of the product necessary.
9. The use of script, macro or any automated system to enter the Promotion is prohibited and entries made (or which appear to have been made) using any such system may be treated as void. Any illegible, incomplete or fraudulent entries will be rejected.
10. Entrants represent and warrant that they have obtained all rights, licences, and permissions necessary, in writing, from any person who may have helped create and/or be featured in their entry and that their entry to the Promotion fully complies with these terms and conditions and:
a. is their original work and does not include the work of a third party, or if it does include such work that they have obtained all rights, licences, and permissions necessary, in writing;
b. has not previously been submitted in any promotion or other promotion and has not won an award or prize of any kind;
c. does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living, or dead without permission (proof of which must be provided to the promoter upon request);
d. does not include trade marks, logos, or copyright protected material which belongs to third parties without permission (including, but not limited to, company names, music, photographs, motion picture or television programme clips or audio tracks, works of art, or images published on or in websites, television, movies, or other media);
e. is not subject to any third party agreements and the promoter will not be required to pay or incur any sums to any person or entity as a result of its use (as set out in these terms and conditions) or the exploitation of the idea or video or rights therein;
f. does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation or goodwill of the promoter or any other individuals and/or entities (the determination of which shall remain in the sole discretion of the promoter);
g. does not contain pornographic or sexual content, hateful or discriminatory content of any kind (including racism, sexism, etc.), does not contain content which promotes violence or harm to another living creature or any other offensive, obscene or inappropriate content (the determination of which shall remain in the sole discretion of the promoter);
h. does not include threats of any kind or anything that may intimidate, harass, or bully anyone, or invade the privacy of any person (the determination of which shall remain in the sole discretion of the promoter);
i. does not violate any applicable local state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offence;
j. does not feature, refer to, or mention any brands competing with the promoter; and
k. does not contain any known virus, trojan horse, worm, trapdoor or similar software that may in any way infect or affect any of the promoter's hardware or software systems.
11. The promoter reserves the right to remove or temporarily suspend from the Promotion any content submitted if it suspects any breach of these terms and conditions or if it receives any complaint from a third party relating to such content.
12. Only one entry per person. Multiple entries are not permitted. Any entries in addition to this may be disqualified.
13. Entrants using multiple Instagram accounts will be disqualified.
14. There will be one winner.
15. The winner will be the first name chosen at random from all complete, eligible, properly submitted entries received before the end of the applicable closing date.
16. Entrants agree that any copyright and other intellectual property rights vesting in their entry to the Promotion will be owned by the promoter and to this effect, by entering the Promotion entrants agree to hereby unconditionally and irrevocably assign to the promoter, as legal and beneficial owner and with full title guarantee, by way of present assignment of all present and future rights, all rights, title and interest in all intellectual property rights in or arising out of their entry to the Promotion, for the full duration of such rights . Entrants also hereby agree to irrevocably and unconditionally waive any and all moral and similar rights vesting in their entry to the Promotion and to undertake to execute all such documents as are reasonably required by the promoter to perfect the transfer or assignment of all rights, title and interests referred to in these terms and conditions to the promoter. Entrants hereby represent and warrant that they have all rights necessary to grant the rights provided for in this paragraph, and that all materials forming part of their entry to the Promotion, and any use of such materials by or on behalf of the promoter, comply with all applicable laws, rules, and regulations and do not infringe or otherwise violate the intellectual property or other rights of any third party.
17. The winner will be notified no later than 22.04.2022 by direct message from the Actimel UK account to the winner’s Instagram account used to enter the competition.
18. The winner may be required to submit valid identification before receiving their prize.
19. The donation of the prize will be organised via direct message from the Actimel’s UK account to the winner’s Instagram account used to enter the competition.
20. The winner will be asked to choose the region (UK & NI) or province (ROI) to which they wish to donate the prize. Fareshare or Foodcloud will donate on your behalf to a charity in the region/province selected, set out at https://actimel-communitydonations.co.uk
21. The winner will be asked to choose the region (UK & NI) or province (ROI) to which they wish to donate the prize and to select the closest regional distribution
22. If the Instagram direct messages to the winner are returned as undeliverable or the winner refuses or is unable to provide the required information to arrange the prize by 29.04.2022 the promoter reserves the right to either conduct a further random draw or select an alternative winner to award their prize to another participant.
23. If the winner has not claimed their prize by the date specified in the notification of winning, the promoter reserves the right to conduct a further random draw or select an alternative winner.
The winner will win 10,000 bottles of Actimel to donate to a region or province of their choosing in the UK or Republic of Ireland via one of the following food redistribution charities:
UK & Northern Ireland: FareShare (registered company number 04837373, registered charity number 1100051), Unit 7 Deptford Trading Estate, Blackhorse Road, London SE8 5HY. Website: www.fareshare.org.uk
Republic of Ireland: FoodCloud (registered charity number 20101398), Unit 8 Broomhill Business Park, Broomhill Road, Tallaght, Dublin 24. Website: www.food.cloud
(FareShare and FoodCloud are together referred to as “Charities”)
Further information about the Charities’ including distribution centres and local charities they distribute to can be found on the relevant charity website (as provided above).
Further information on the donations can be found on Actimel’s website https://actimel-communitydonations.co.uk/
In the event that, for reasons beyond the promoter’s reasonable control or Charities’ reasonable control, including but not limited to a Charity not being able to distribute the product donations to local charities, the promoter reserves the right to use an alternative food redistribution charity to distribute the products to local charities or to make such product donations directly to local charities. Any changes to the Charity as per this clause shall be reflected on the Actimel Website (actimel-communitydonations.co.uk) and these terms and conditions.
24. The prize is as stated and is non-exchangeable and non-transferable and there is no cash or other alternative to the prize in whole or in part.
25. By participating in the Promotion, entrants agree that the prize is awarded on an "as is" basis, and that neither the promoter nor any of its subsidiary or affiliated companies, make any representations or warranties of any nature with respect to the prize
26. By entering the Promotion, entrants agree to have their name, photograph or video featured in publicity materials relating to the Promotion without further reference, payment or other compensation. This includes making their name as the winner available on Actimel’s UK Instagram account between 22.04.2022 and 22.07.2022
27. Incomplete, illegible, misdirected, late or bulk entries will not be accepted. The promoter accepts no responsibility if entries are lost or not received or delayed including delay due to technical error. Proof of sending will not be taken as proof of receipt.
28. In the event of a printing or other error resulting in there being more winners than prizes for the Promotion, the promoter reserves the right at any time to allocate the available prize by selecting another winner, through a further draw or to divide the prize or the value of the prize between the winners of the Promotion.
29. Save where it has been negligent, the promoter will not be responsible for any damage, loss or injury resulting from entrants' entry into the Promotion or their acceptance and/or use of a prize, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit their ability to participate in the Promotion.
30. Nothing in these terms and conditions shall in any way limit the promoter's liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
PARAGRAPHS 31 AND 32 CONTAIN DATA PROTECTION WORDING – PLEASE READ CAREFULLY
31. The promoter will collect and process participants' user-generated content and it will be shared with the promoter's agents and affiliates (including those outside the European Economic Area and the UK) to the extent necessary in order to conduct the Promotion. If entrants do not provide any of the mandatory information requested when entering and taking part in the Promotion, they may not take part in the Promotion.
33. Although the promotion will be featured on Instagram, this Promotion is not sponsored, endorsed or administered by, or associated with Instagram. By entering this Promotion, all entrants release Instagram from any liability arising out of this Promotion. Entrants are providing information to the promoter and not to Instagram. The information entrants provide will only be used for the purposes referred to in these terms and conditions.
34. The promoter reserves the right to modify, cancel, terminate or suspend the Promotion in whole or in part, at its sole discretion, if it believes the Promotion is not capable of being conducted as specified within these terms and conditions or in the event of a virus, a computer bug or unauthorized human intervention or any other cause that is beyond the reasonable control of the promoter that could corrupt or affect the administration, security, impartiality or normal course of the Promotion.
35. Neither the promoter nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of any supplier selected by the promoter to provide the prize or otherwise that may cause the Promotion to be disrupted or corrupted, or that may lead to loss or damage of the prize in transit to the winner.
36. Any entrant who enters or attempts to enter the Promotion in a manner, which in the promoter's reasonable determination is contrary to these terms and conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the Promotion, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other entrants or the promoter and/or any of its agents or representatives) may be rejected from the Promotion at the promoter's sole discretion. Furthermore, where such actions have significantly impaired the Promotion, the promoter may, at its sole discretion, add further stages to the Promotion as it deems reasonably necessary in order to resolve any problems arising as a result of such actions.
37. The promoter's decision is final and no correspondence will be entered into.
38. These terms and conditions are governed by English law. The courts of England and Wales shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Promotion or these terms and conditions.
PROMOTER: Nutricia Limited, 6th Floor, Building 7 Chiswick Park, 566 Chiswick High Road, London, United Kingdom, W4 5YG
Please do not send entries to this address.