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Competition Terms

 

Terms and Conditions for the Actimel F&V The Color Run London 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 residents aged 18 and over, with the exception of employees and agents of Danone 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. Entrants are also deemed to have accepted the website terms and conditions and privacy policy applicable to the platform through which entries to the Promotion must be placed.  Such terms can be found here: https://help.instagram.com/581066165581870.

  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 09:00 A.M UK time on 21/11/2019 and all entries must be received by no later than 11:59 P.M UK time on the closing date of 29/11/2019.  

  6. To enter, the entrant must take a picture of himself/herself in the Actimel photobooth with the quote of their choice, and share it on Instagram using #actimelxthecolorrun and tag @actimel_UK. Entrant’s Instagram account must be public.

  7. 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.

  8. 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:

    1. 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;

    2. has not previously been submitted in any promotion or other promotion and has not won an award or prize of any kind;

    3. 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);

    4. does not include trademarks, 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);

    5. 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;

    6. 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);

    7. 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);

    8. 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);

    9. 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;

    10. does not feature, refer to, or mention any brands competing with the promoter; and

    11. 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. 

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.

  1. Entrants may only win one prize per person, irrespective of the number of entries submitted.

  2. Entrants using multiple Instagram accounts will be disqualified.

 

The winner

  1. There will be 1 winner.

  2. The winner of the Promotion will be the one entrant who submits the entry with the most originality and creativity, in line with Actimel spirit.  The winner will be selected by the Actimel Brand team from all complete, eligible, properly submitted entries received before the end of the applicable closing date and the Actimel Brand team’s decision is final.

  3. 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.

  4.  The winner will be notified no later than 20/12/19 by a private message on Instagram. 

  5. The winner may be required to submit valid identification before receiving their prize.

  6. The prize will be provided to the winner by Element London Ltd (www.element-london.com).  Actimel will provide the winner’s details to Element London Ltd, and Element London Ltd will contact the winner and proceed to the purchase of the Gourmet Break on the behalf of the winner and their guest.

  7. If any Instagram messages to the winner are returned as undeliverable, the promoter reserves the right to either conduct a further random draw or select an alternative winner to award their prize to another participant. 

  8. If the winner has not claimed their prize by the date specified in the notification of winning, the promoter reserves the right to select an alternative winner.

  9. The winner will win a package for 2 adults of a Gourmet Break for 2. Prize package for 2 adults includes: £40 per person travel allowance; 1 night’s hotel accommodation in winner’s chosen city, with a four-star rating, based on sharing a double or twin room; Breakfast; Ninety-minute cookery class in winner’s chosen city, with a range of menus and cuisines available; Three-course set menu dinner at a Michelin Star restaurant in winner’s chosen city, including one bottle of house wine and service charge. Prize can be redeemed in a British city of the winner’s choice. If there is no Michelin Star restaurant located in the winner’s chosen city, alternative gourmet restaurant options will be provided; A valid credit or debit card will be required for security deposit purposes when checking into hotel accommodation; Hotel accommodation is based on two adults sharing one double or twin room; Hotel will be selected by prize provider at their sole discretion; Prizes are non-transferable and non-refundable; No cash alternative is available; All prize elements are subject to availability; Prize cannot be taken from 21st December 2019 – 2nd January 2020 (Christmas and New Year), over UK bank holidays or over Easter Sunday; Prize is valid for 12 months from the date of notification of winning, and travel must be booked and completed within that time frame; Winners must contact prize provider with three preferred travel dates no later than six weeks prior to departure; All elements of the prize must be taken at the same time; Once booked, the prize cannot be altered or amended; At least one traveller must be aged 18 or over; Where any travellers are aged under 18, they must have prior parental or guardian permission; The prize excludes meals and drinks (except where stated above), excursions, attractions, treatments, car hire, visas and personal expenses and anything not expressly included in the prize; The Prize Provider is Element London Ltd (www.element-london.com).

  10. The winner is responsible for paying all associated costs that are not specifically stated in these terms and conditions, including (where applicable) e.g. travel and all other incidentals.

  11. The winner is also responsible for any personal or incidental expenses and any VAT, national and/or local tax liabilities incurred in claiming or using the prize.

  12. 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. 

  13. 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.

  14.  The prize is subject to the terms and conditions of Element London which can be found at www.element-london.com. Any complaints or questions relating to the use of the prize should be directed to Element London.

  15. By entering the Promotion, entrants agree to have their name and the winning photo featured in publicity materials relating to the Promotion without further reference, payment or other compensation.

  16. Details of the winner will be available on request by sending a stamped addressed envelope to Actimel F&V The Color Run London Competition,  Danone Limited, 6th Floor, Building 7 Chiswick Park, 566 Chiswick High Road, London, United Kingdom, W4 5YG within 3 months of the Promotion closing date.

  17. 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.

  18. In the event that, for reasons beyond the promoter's reasonable control and not related to the winner, the promoter is unable to award the prize as described in these terms and conditions, the promoter reserves the right to award a prize of a similar nature and an equivalent value, or at its sole discretion, the cash value of the prize. 

  19. 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.

  20. 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. 

  21. 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 32 AND 33 CONTAIN DATA PROTECTION WORDING – PLEASE READ CAREFULLY

  1. The promoter will collect and process participants' personal information and it will be shared with the promoter's agents and affiliates (including those outside the European Economic Area) to the extent necessary in order to conduct the Promotion including for the prize to be delivered to the winner.  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. 

  2. Entrants' names and other personal details from their entry to the Promotion will be collected and stored by the promoter and its affiliates (including those outside the European Economic Area) and held in accordance with the applicable privacy policy in place from time to time (see http://corporate.danone.co.uk/en/footer/links/privacy-statement/).

  3. Although the Promotion may 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.

  4. 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.  

  5. 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.

  6. 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.

  7. ClassPass is not connected or otherwise associated with this Promotion and the provision of the prize does not imply endorsement by the promoter of ClassPass or any other third parties concerned in any way with the Promotion. Any complaints or queries relating to the use of the prize should be directed to ClassPass.

  8. The promoter's decision is final and no correspondence will be entered into.

  9. 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: Danone Limited, 6th Floor, Building 7 Chiswick Park, 566 Chiswick High Road, London, United Kingdom, W4 5YG

Please do not send entries to this address.

* Actimel contains Vitamin B6 that contributes to the reduction of tiredness and fatigue. It also contains Vitamins B6 & D to support the normal function of the immune system.
** Contains naturally occurring sugar