Marks and Spencer Hamper Giveaway
ENTRANTS MUST BE AT LEAST 18 YEARS OLD TO ENTER OR OVER THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS PRIZE DRAW (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW
ENTRY VIA INSTAGRAM ONLY. AN INSTAGRAM ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. A “PROTECTED” INSTAGRAM ACCOUNT MAY NOT BE ABLE TO SEND ENTRIES. THE PRIZE DRAW IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY META PLATFORMS, INC.
BY ENTERING THE PRIZE DRAW YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
GENERAL
1. Sponsor
The M&S Hamper Giveaway (the “Prize Draw”) is sponsored by Clearpay Finance Limited, 101 New Cavendish Street, London W1W 6XH (“Sponsor” or “Clearpay”). If you have any questions about how to enter or in connection with the Prize Draw, please e-mail us at [email protected].
2. Eligibility
The Prize Draw is open only to residents of the United Kingdom (excluding Northern Ireland), who are aged eighteen (18) or over on the date of entry and who have an Eligible Clearpay Account (“Entrant”). To have an “Eligible Clearpay Account” means you must have an active Clearpay account and therefore have completed our sign up process and not had your account suspended by us. Employees, officers, directors, members, managers, agents, representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Prize Draw Entities”) are not eligible to enter. For the purposes of the Prize Draw, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
3. Prize Draw Period
The “Prize Draw Period” starts at 08:00 GMT on 07th December 2023 and closes at 23:59 GMT on 08th December 2023. Prize Winners (defined below) will be selected after the end of the Prize Draw period.
4. How to Enter
To enter this Prize Draw, you will need:
- An Instagram account (a “Social Media Account”);
- Like and tag a friend on the post on Instagram from @clearpay_uk promoting the Prize Draw;
- Follow @clearpay_uk Instagram account.
together this is considered an “Entry or Entries”.
If you don’t already have an Instagram account, visit www.instagram.com to create one; creating an Instagram account is free. By submitting your information and creating an Instagram account, you will be required to agree to the Instagram terms of service and privacy notice. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram account.
Following a valid Entry you will be automatically entered into the Prize Draw.
Only one entry per person will be made irrespective if you tag more than one friend during the Prize Draw Period.
If you don’t already have a Clearpay Account, visit https://www.clearpay.co.uk/en-GB or visit your App Store and download Clearpay. It is free to download Clearpay and otherwise create a Clearpay account. By submitting your information and creating a Clearpay account, you will be required to agree to the Clearpay terms of service and privacy notice. If you do not agree to the Clearpay terms of service and privacy notice, you cannot create a Clearpay Account.
Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any Entry which, in its opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of either Instagram or Clearpay, (b) has stemmed from fraud or material abuse of the Prize Draw, (c) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (d) is otherwise inappropriate for inclusion in the Prize Draw. For purposes of this Prize Draw, only Entries that are recorded through Instagram’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Prize Draw. The Instagram database clock will be the official timekeeper for this Prize Draw. NOTE: Sponsor may not receive entries from Social Media Account users with “protected” or “private” updates (i.e., user has set their Social Media Account or so that only people the user has approved can view updates) due to the way Instagram operates its service. Instagram posts not received by Sponsor will not be entered into the Prize Draw. Multiple entrants are not permitted to share the same Social Media Account. Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Prize Draw. Except as otherwise contemplated in these Official Rules, the Sponsor will use personal information collected in connection with the Prize Draw in accordance with its online privacy policy, located at https://www.clearpay.co.uk/en-GB/privacy-policy.
NOTE ABOUT INSTAGRAM:
The Sponsor is not responsible for any changes or unavailability of the Instagram service that may interfere with the Prize Draw (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram for the Prize Draw as set forth herein that are not acceptable to Sponsor) or ability of an entrant to enter timley, receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Prize Draw. It is a potential winner’s responsibility to set his/her Social Media Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.
5. Winners Selection
At the end of the Prize Draw Period, Prize Winners will be chosen at random from all valid entries using randomiser software. The Sponsor’s operation of the Prize Draw and selection of the winners are final and binding.
The draw will take place on 10 December 2023.
6. Winner Notification
Each Prize Winner will be notified by direct message from @clearpay_uk on 10 December 2023 (the “Notification”) and the Prize Winner must provide their full name, phone number, email and delivery address to claim the Prize (defined below). Each Prize Winner must respond to the Sponsor within fourteen (14) days from the date of notification otherwise the Prize Winner's Prize will be forfeited and Clearpay shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within fourteen (14) days or else they will also forfeit their prize). Each Prize Winner may be required to provide a form of government issued photo identification for verification prior to the Prize being provided.
The Prize will be sent to the Prize Winner within 14 days of the Prize Winner’s response to the Notification. To facilitate delivery of the Prize the Prize Winner must provide their full name, phone number, email and delivery address to where they want the Prize delivered. By accepting the Prize the Prize Winner agrees to this information being provided to the third party fulfilling delivery of the Prize. Please note: Prizes can only be delivered within the UK. Delivery of the Prize will be fulfilled by a independent third party and the Sponsor does not accept any responsibility for the delivery of the Prize to the Prize Winner.
If any Notification is rejected or returned as undeliverable; if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion.
7. Prize
Three (3) people (individually a “Prize Winner”, together the “Prize Winners”) will each receive a Marks & Spencer ‘Classic Christmas Wicker’ Hamper (the “Prize”).
Each Prize Winner may be required to provide upon the request of the Sponsor certain information to facilitate receipt of the Prize, necessary for compliance with applicable withholding and reporting requirements.
Approximate Retail Value (“ARV”) of the Prize: £120 GBP
All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach a Prize Winner because of incorrect or changed contact information. Sponsor is not responsible for any inability of a Prize Winner to accept or use any Prize (or portion thereof) for any reason. No transfers or Prize substitutions will be made, except at Sponsor’s sole discretion. No more than the stated Prize will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.
The prize is non-exchangeable, non-transferable and is not redeemable for other prizes, cash or credit and may not be resold.
8. Licences and Approvals
The surname and county of the winner can be obtained by entrants after 10 December 2023 by sending a stamped addressed envelope to the following address: Clearpay Customer Service, Clearpay Finance Limited, Spaces Suite 226, Peter House, Oxford Street, Manchester, M1 5AN, UK. If you, as a Prize Winner, object to any or all of your surname, county and winning entry being made available to other entrants, please contact Clearpay by email or post. In such circumstances, Clearpay must still provide the information and winning entry to the Advertising Standards Authority on request.
Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Prize Draw as outlined in these Official Rules. In addition, by submitting an Entry in this Prize Draw, the Entrant grants the Prize Draw Entities an irrevocable, perpetual, non-exclusive worldwide licence to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, the Entry, Entrants name, prize information, any quotes attributable to Entrant, throughout the world, including on the Internet, and at any time or times, in connection with the Prize Draw, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releases from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANTS IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANTS NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.
9. Limitation of Liability
The Releasees (as defined below) are not responsible or liable for any of the following: (a) late, incomplete, inaccurate, or illegible Entries, Prize Draw-related correspondence or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Prize Draw, including, without limitation, errors which may occur in connection with the administration of the Prize Draw, the transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Prize Draw related materials; (b) technical failures of any kind; (c) unauthorised human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Prize Draws related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable. Sponsor is not responsible, and may disqualify Entrant, if his or her contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Prize Draw, Entrant’s sole remedy is another Entry in the Prize Draw.
AS A CONDITION OF PARTICIPATING IN THIS PRIZE DRAW, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, PRIZE DRAW ENTITIES, INSTAGRAM AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELLING TO OR FROM ANY PRIZE DRAW OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
10. Additional Disclaimers
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any Entrant or Prize Winner or any person claiming through such Entrant or Prize Winner for failure to supply the Prize or any part thereof in the event that any of the Prize Draw activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike labour or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental or local government authority, or any other cause, whether or not specifically mentioned above.
11. Disputes and Governing Law
BY PARTICIPATING IN THE PRIZE DRAW, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN POUNDS STERLING (£10.00), BUT IN NO EVENT WILL LEGAL FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN POUNDS STERLING (£10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Official Terms shall be exclusively submitted to the courts of England and Wales.
12. General Rules
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Prize Draws, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Prize Draw. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Prize Draw-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Prize Draw or these Official Rules. If Sponsor determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behaviour that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Prize Draw is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Prize Draw and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Social Media Account as applicable, of record for the account submitting an Entry during the Prize Draw Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. Each potential Prize Winner may be required to provide Sponsor with proof that he or she is the authorised account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion. Any damage made to the Social Media Account or the Instagram service will be the responsibility of the registered account holder submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PRIZE DRAW VIOLATES LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
