Birketts Employment App Prize Draw – Terms and Conditions
Full Ts and Cs:
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 7 – LIMITATION OF LIABILITY.
- THE PROMOTER
The promoter is Birketts LLP, company number OC317545, whose registered address is Providence House, 141-145 Princes Street, Ipswich, Suffolk, United Kingdom, IP1 1QJ (Birketts). - ELIGIBILITY
The promotion is open to all residents of Great Britain (England, Wales and Scotland) aged 18 years or over only, except employees, Partners and consultants of Birketts, and any members of their immediate families or households. - THE PROMOTION
3.1 The title of the promotion is Birketts Employment Law App Launch Prize Draw.
3.2 The download period is from Friday 24th November until 23:59pm on Thursday 1 December 2022 (the Download Period). The promotional period will apply from the time (at the end of the Download Period) at which Birketts sends a push notification with a secret keyword to all users of the Birketts Employment Law app (who have enabled push notifications) until 23:59pm on Thursday 8 December 2022 (the Promotional Period).
3.3 To enter the prize draw, you must:
3.3.1 during the Download Period, download the free Birketts’ Employment Law app to your compatible device and enable push notifications; and
3.3.2 before the end of the Promotional Period, send an email to Birketts at [email protected] with the secret keyword in the push notification.
3.4 IMPORTANT: if you do not enable push notifications for the Birketts Employment Law app during the Download Period, you will not receive the push notification from Birketts with the secret keyword and will be unable to enter the prize draw.
3.5 All entries for the prize draw received after the end of the Promotional Period will be automatically disqualified.
3.6 One entry per person only. You must have a valid email address, compatible device and access to the internet to enter.
3.7 The winner will be drawn at random via a programmed computer algorithm the next working day after the end of the Promotional Period (the Draw Date).
3.8 Proof of sending the required entry email to Birketts will not be accepted as proof of delivery or receipt of entry. Incomplete, illegal, misdirected or late entries will not be accepted.
3.9 Birketts is not responsible or liable for entries that are delayed, incomplete or lost due to technical reasons (including but not limited to general unavailability of the internet and interruption or failure of utility service) or otherwise. - THE PRIZE
4.1 The prize is a luxury hamper from Cartwright & Butler worth over £150 (the Prize).
4.2 The Prize is not transferable or exchangeable and cannot be redeemed for monetary value or for any other form of compensation. There is no cash alternative.
4.3 If for any reason the Prize is not available, Birketts reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value. - WINNER NOTIFICATION
5.1 One winner of the Prize will be randomly selected from all valid entries received during the Promotional Period and the draw will be conducted by randomdraws.co.uk™, a service and website operated and owned by Trade Promotions and Lotteries Pty Ltd (ACN 601 297 330), an independent third party prize draw provider.
5.2 The winner of the Prize will receive an email, via the email address used to enter the promotion (Winner Notification) within 7 days after the Draw Date.
5.3 The winner has 14 days from initial notification to confirm acceptance of their Prize, by following the instructions in the Winner Notification, otherwise Birketts reserves the right to offer the Prize to the next eligible entrant selected from the correct entries that were received before the end of the Promotional Period.
5.4 Birketts does not accept any responsibility if the winner is not able to take up the Prize, and reserves the right to offer the Prize to the next eligible entrant selected from the correct entries that were received before the end of the Promotional Period. - PRIZE DELIVERY
6.1 The Prize will be delivered within 30 working days from the date of acceptance of the Prize. The Prize will be delivered to the address in Great Britain notified in writing to Birketts by the winner when the Prize is accepted (no post office box addresses accepted).
6.2 If the Prize is undelivered due to inaccurate details provided by the winner, Birketts reserves the right to withdraw and reallocate the Prize with no liability. - LIMITATION OF LIABILITY
7.1 References to liability in this clause 7 include every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.2 Nothing in this agreement shall limit or exclude any liability for:
7.2.1 death or personal injury caused by negligence;
7.2.2 fraud or fraudulent misrepresentation; or
7.2.3 any other liability which cannot be limited or excluded by applicable law.
7.3 Subject to clause 7.2, Birketts’ total liability to anyone who enters the promotion shall not exceed £200.
7.4 Subject to clause 7.2, Birketts shall not be liable for: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill or reputation; loss of use or corruption of software, data or information; and/or any indirect or consequential loss.
7.5 It is the responsibility of the entrant to provide their correct, up-to-date details when entering the promotion and/or confirming acceptance of the Prize in order for the Prize to be delivered. Birketts is not responsible for the winner failing to supply accurate information which affects prize acceptance or delivery of the Prize. - DATA PROTECTION
8.1 By entering the promotion, you agree that any personal information provided by you with your promotion entry may be held and used only by Birketts, or by its agents and suppliers, for the purpose of administering this promotion and delivering the Prize.
8.2 Subject to the winner’s consent, the name and town or county of the winner of the Prize will be available by sending an email to [email protected].
8.3 Entrants’ personal data will be used and will be held in accordance with Birketts’ Competition Privacy Notice, which is available here: https://www.birketts.co.uk/policy/employment-law-app-launch-prize-draw/ - GENERAL
9.1 The decisions of Birketts are final and binding in all matters relating to the promotion.
9.2 By entering the promotion, you confirm that you have read and agree to be bound by these terms and conditions, and by any decisions of Birketts concerning this promotion.
9.3 Instructions provided at the point of entry form part of the terms and conditions of this promotion. In the event of a conflict between any instructions at the point of entry and these terms and conditions, these terms and conditions shall take precedence.
9.4 If Birketts has any reason to believe that there has been a breach of these terms and conditions, or if it has any reason to believe that efforts have been made to distort the spirit of the promotion, Birketts may, in its sole discretion, exclude any entrant from the promotion.
9.5 Birketts reserves the right to void, suspend, cancel, or amend the promotion if necessary to do so.
9.6 If any event or circumstance occurs which is beyond the reasonable control of Birketts and which prevents, hinders or delays Birketts from complying with these terms and conditions, Birketts will not be liable for any such failure, hindrance or delay.
9.7 Verification of the winner’s age, identity, and address will be required before the Prize is awarded.
9.8 Incomplete or illegible entries, entries by macros or other automated means, and entries which do not satisfy the requirements of these Terms and Conditions in full will be disqualified. If an entrant is using (or Birketts reasonably suspects that an entrant is using) a computer(s) or multiple aliases to circumvent these terms and conditions by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means to increase that entrant’s entries into the promotion or is acting in any other way that is not consistent with the spirit of the promotion, that person will be disqualified, and any Prize award will be void.
9.9 If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.
9.10 The terms and conditions of this promotion, and any disputes arising out of or in connection with the promotion (including non-contractual disputes), shall be subject to English law and the exclusive jurisdiction of the English courts.