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Social Media > General Terms

The legal bits and bobs in simple English

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By entering this competition (the "Competition"), you (the "participant") agree to be bound by these terms and conditions. Any information or instructions published by the Promoter (as defined below) about the Competition on the www.123simples.com website, and www.facebook.com/123simples and any other social media sites (inclusive of any other websites), form part of these terms and conditions.

All entrants will need a Facebook account and the use of direct messaging (otherwise known as Private Messaging).
IMPORTANT: Some of our competitions will be run on Facebook. If you're entering a competition through Facebook, the Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering the Promotion, you are providing information to 123 Simples and not to Facebook and you release Facebook from any liability associated with the Promotion. All participants must comply with the terms of use of facebook and/or any other social media outlet as may be used in connection with this competition, when using those sites.

The Promoter

The promoter of this Competition is 123 Simples of 33 Eagle Avenue, Waterlooville, Portsmouth, PO8 9UB (the "Promoter").

Eligibility

(1) The competition is open to all UK and Republic of Ireland residents of 18 or over.
(2) Employees or agents of the Promoter or any of its group companies or their families or households or anyone professionally connected to this Competition are not eligible to enter.
(3) No purchase is necessary to enter.

Prize

(1) The prize will be described in the message launching the competition, as that message appears on any of the social media websites at that time.
(2) Any prize(s) offered carry no cash value, is non-transferable and may not be substituted by the winner.
(3) All prize(s) are subject to availability. At the sole discretion of 123 Simples, we may offer a different prize to the one originally advertised or promoted, if circumstances dictate or are beyond our control.
(4) Unless otherwise expressly stated, where the prize requires attendance at a specific venue, the winner and any permitted companions will be solely responsible for travel to and from the venue and all other expenses.

Example Prize Information

Competition Period

Each Promotion runs during the Promotion Dates set out in the launch message until the specified Closing Date. Entries received after this date and time will not be entered into the Promotion. This is also referred to as "the Competition Period".

Entry

(1) To enter the Competition participants must submit an entry ("Entry") as outlined in the instructions provided at the point of entry (usually following the launch message). These instructions form part of the terms and conditions of any promotion, and in the event of a conflict, these General Terms will take precedence. Entries will only be accepted by posts made onto 123 Simples Facebook wall or Twitter feed https://www.facebook.com/123simples and https://twitter.com/123Simples (depending on which social media outlet this competition is being run on at the time of entry).
(2) The winner will be chosen by Tracey McPhail in her capacity as a representative of 123 Simples, plus a panel of independent judges
(3) Any text or any other content (the "Content") which are submitted by the participant must adhere strictly to the following content guidelines (the "Content Guidelines") for the Competition:
a. The Content must be in the English language.
b. The Content must not infringe the rights of, or be defamatory or libelous about, any person.
c. The Content must not contain or display any words, images or sounds which are considered, at the Promoter's sole discretion, to be offensive, sexually explicit, rude, disparaging or otherwise inappropriate.
d. The Content must comply with any further content guidelines provided by the Promoter. Any information or instructions published by the Promoter on www.123simples.com about the competition form part of this.
(4) It is important that participants do not include or reveal any personal information (e.g. contact details etc.) in any Content.
(5) Entries containing any Content that does not comply with the Content Guidelines will not be entered into the Competition and the associated submission will be deemed invalid.
(6) Entries that are incomplete or damaged will be deemed invalid. No responsibility is accepted by the Promoter for lost, delayed or damaged data which occurs during any communication or transmission of data.
(7) The Promoter reserves the right at its absolute discretion to disqualify Entries which it considers do not comply with these terms and conditions or any participant who it reasonably believes has interfered with the fair running of this Competition.
(8) The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age, and other relevant details of a participant.
(9) Entries must be made by the participant, and must not be made through agents or third parties.

Winner Selection

(1) The decision of 123 Simples shall be final. No correspondence or negotiation will be entered into by the Promoter concerning either the decision or the result.
(2) The winners will be contacted via Facebook direct message by 123 Simples and must reply via direct message with their name and address. The winner will be announced around 10 days later. If a potential winner fails or refuses reply with his or her name and address within seven days, the potential winner may be disqualified and an alternate winner may be selected. Details of the winner, including their name and entry, will be published on 123 Simples Facebook page and the 123 Simples website www.123simples.com
(3) Prizes will be dispatched around 30 days after the winners send in their name and address via Facebook direct message as required under Clause 2 above.
(4) Where the Promotion is a prize draw, the winner(s) will be selected at random from all eligible entries received;
(a) Where the Promotion is a competition, the winner shall be determined by way of the objective criteria explained in the launch message, and a panel of judges (including at least one independent member) shall determine the winner.
In each case, each winner will be notified within a reasonable time after the selection date either by email, mail or telephone. The prize is awarded conditionally upon acceptance and if a winner is unable to be contacted after a reasonable period or if any prize is unclaimed or declined within a reasonable period, the prize shall be deemed as unclaimed or unaccepted and a supplementary winner may be drawn at 123 Simples sole discretion.
(5) The winner(s) may be required to participate in publicity connected with a Promotion and it is a condition of entry that the winner(s) agree to their name and country of residence being made publicly available if they win.

Use of the Entries / Content by the Promoter

(1) The Promoter may publish on any of its websites or any social networking website any and all Content received by it in connection with this Competition at any time and for any reason.
(2) All participants hereby provide a non-exclusive, royalty-free, irrevocable, perpetual, transferable licence to the Promoter to use the Content submitted, for any purpose, including without limitation for advertising the Promoter’s products. The participant hereby waives all moral rights they have in the Content submitted to the fullest extent permitted by law.
(3) Each participant warrants that they are the person who created the Content submitted to this Competition and that all Content adheres to the Content Guidelines. The participant shall indemnify the Promoter and hold it harmless from and against any losses, damages, liabilities, obligations, claims, actions and demands, including without limitation reasonable legal fees, arising directly or indirectly from any breach of warranty set out in this clause.

Privacy and Data Protection

(1) By entering the Competition, participants agree and consent to the Promoter, anyone administering the Competition on its behalf, and any of its affiliates using the Content submitted for any purpose. If the Content shows the participant's face and/or likeness, the participant hereby consents to such face and likeness, together with the participant's full name, and any other personal information revealed in the text, image or video, being made publicly available.
(2) The Promoter reserves the right to publish the names and towns of residence of all winners. Each winner may be required to participate in the Promoter's marketing and promotional activities and by entering the Competition consents to such participation.
(3) Other than as set out in these terms and conditions or for the purposes of operating the Promotion, the details and information provided by the participant when entering the Promotion or claiming a prize will not be used for any promotional purpose, nor shall they be passed to any third party.

General

(1) The Promoter shall not be liable for any interruption to this Competition whether due to force majeure or other factors beyond the Promoter’s control.
(2) The Promoter reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the terms and conditions of this Competition.
(3) The Promoter will not be responsible or liable for:
(a) any failure to receive Entries due to transmission failures and other conditions beyond its reasonable control;
(b) any late, lost, misrouted, or damaged transmissions or entries;
(c) any computer or communications related malfunctions or failures;
(d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or
(e) any printing or typographical errors in any materials associated with the Competition.
(4) By entering the Competition, the participant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition or with the acceptance, possession, attendance at or use of any prize (except death or personal injury caused by the Promoter's negligence, for fraud, or otherwise as prohibited by law).
(5) This Competition, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Competition.

Changes to these competition terms

123 Simples reserves the right to add, delete, or modify any provision of these 'Social Media Competition Terms' at any time without notice.
Failure to receive notification of a change does not make those changes invalid.

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