Advent Calendar – Harry Potter: A Forbidden Forest Giveaway
December 2022 – Instagram
Terms and Conditions
1. Organiser of the Promotion. Kzemos UK Ltd.. (hereinafter “Fever” or the “Promoter”) with registered offices at Labs Triangle, Chalk Farm Road, London, England NW1 8AB, is the organiser of the promotion called Advent Calendar 2022 Giveaway (hereinafter, the “Promotion”), to be administered in accordance with these Terms and Conditions (“Terms”).
2. Acceptance of the Terms and Disclaimer. By participating in this Promotion, (i) each participant (each one, “you”, “your” or a “Participant”) agrees to be bound by these Terms and all applicable laws, ordinances and regulations, as well as by the decisions the Promoter makes regarding this Promotion in accordance with the foregoing, (ii) you agree to release the Promoter and its administrators, partners and employees from any liability, loss or damage resulting from your participation in this Promotion or with respect to the adjudication, receipt, possession, use and/or misuse of any of the Prizes awarded in accordance with these Terms, and (iii) you represent that you are at least eighteen (18) years of age. The Promoter may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or fraudulent practices relating to the Promotion. The Promoter reserves the right to cancel, suspend and/or modify any aspect of the Promotion, if any fraud, technical failures or any other factor beyond the Promoter’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by the Promoter in its sole discretion. The Promoter shall communicate any such change to Participants at least through the original publication of the Promotion, itself. The Promoter’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision. The Promoter is not responsible for the content of any external websites that are linked or referenced within these Terms. Participation in this Promotion is completely free and shall not require or otherwise suggest any payment for entry by the Participants.
3. Promotion Period. The Promotion will begin at 9:00 AM GMT +1 on 25.12.2022 and end at 23:30 PM GMT +1 on 28.12.2022. The Promoter reserves the right to extend the Promotion period at its convenience, and shall communicate any such extension to Participants through an update to the original Promotion post itself. Likewise, the Promoter reserves the right to interrupt and/or terminate the Promotion in advance of its scheduled end time in the event that there are unavoidable circumstances beyond the control of the Promoter that sufficiently justify said decision, and shall communicate any such interruption or termination to users through an update to the Promotion post itself.
4. Territory of the Promotion. This Promotion will be developed through the official Secret Manchester Instagram profile (@secretmanchester) (“Fever’s Instagram Account”). The territorial scope of this Promotion is limited to the United Kingdom.
5. Participants. Each eligible Participant must be a natural person, aged eighteen (18) years or older, legally residing in the United Kingdom. The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Fever and/or its employees, agents, freelancers, contractors (and those of any Promotion partners, associated companies or Prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the Promotion. If any Participant is found to fall within these categories, regardless of whether they win a Prize, it will be understood that their participation shall be automatically voided.
The Promoter reserves the right to request a copy of a valid identity document (i.e. national identity card and/or passport) for the purpose of verifying that the participation requirements are met. The Promoter reserves the right to request any other documentation that it deems appropriate in order to verify the identity of a Winner, and shall have the right to refuse delivery of the Prize in the event that a Winner is found not to comply with the participation requirements or any other part of these Terms.
6. Promotion Mechanics. To participate in the Promotion, you will need to have an Instagram account and to have an associated, true, Instagram profile that complies with the guidelines published by Instagram from time to time. You can enter the Promotion by (i) liking and following @secretmanchester (ii) liking the post or publication made by Fever’s Instagram Account (through which the Promoter communicates the Promotion) and (iii) commenting on the Instagram} post or publication, tagging a friend’s account. You will be deemed to have formally entered into the Promotion on the date and time step (iii) is completed. You may enter the Promotion as many times as you like, however, for each new entry to be valid you must tag a different person each time. Participation in this Promotion is completely free and does not entail or require any payment or consideration by Participants. Odds of receiving a Prize depend on the number of entries received. The Promoter is not responsible for: (A) problems or technical failures of social networks, telephone lines, computer systems, servers, software or error of any email message destined to the Promoter; (B) the impossibility of registering any Participant due to an error with a justified or reasonable cause; or (C) lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified. Proof of submission will not be deemed to be proof of receipt by the Promoter. The Promoter will not be responsible for the veracity of any data provided by Participants.
7. Winner of the Promotion, date and means of notification. The Promoter will draw three (3) winners (each a “Winner”) in a random draw at 12:30 PM GMT +1 on 29.12.2022. The Winners will be notified at 15:00 PM GMT +1 on 29.12.2022, where the winning Instagram handle will be tagged in a comment on the original Promotion post, by Fever’s Instagram Account. The Promoter may, in addition to this, notify the Winner by direct message to their Instagram profile from Fever’s Instagram Account. If a Winner does not accept the Prize in accordance with these Terms, the Prize will be deemed to be unclaimed, and the Prize will be assigned to an alternate to be randomly drawn from the remaining valid entries, under the same conditions noted in these Terms (the “Alternate”). In this case, the Alternate will have the same time period of two (2) calendar days following notification in which to claim the Prize. In the event that neither a Winner nor the Alternate accept a Prize in accordance with the Terms, the Prize will not be awarded, and Promoter will announce this through an update to the original Promotion post. If the Promoter cannot contact the winning Participants in order to deliver the Prize because the information provided is not true and accurate it will not be responsible for any failure to deliver the Prize.
8. Prize. 1 double invitation to Harry Potter – Forbiden Forest Experience, by Fever (the “Prize”). There will be one (1) number of Prizes awarded in this Promotion, each valued at approximately one hundred pounds (£100)}. Upon notification by the Promoter, the Winner shall have two (2) business days to claim the Prize by sending a direct message from the winning Instagram profile to Fever’s Instagram Account. At the time of contact, the Winner must provide to the Promoter any relevant personal details required for the delivery of the Prize, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. If a Winner rejects the Prize or in the event of any noncompliance with the Promotion Terms by a Winner, the Prize will be considered to be forfeited by the Winner and it shall be offered to the Alternate. Upon prize forfeiture, no compensation will be given. Limit of one Prize per person or household. The Prize does not include any associated travel costs. Use of the Prize is
the Prize and that is attributable to the transport company used, or for incidents that occur in transfers, stays or displacements in the case of Prizes involving travel or attendance at an event.
9. Participation through social networks. Instagram does not in any way sponsor, endorse or administer the Promotion, nor is it associated with it. Participants exempt Instagram from any responsibility derived from the development of the Promotion. You may not comment, or incorporate into the post of the Promotion, any content that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behaviour, threats or insults. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and that may be removed by Instagram. The Promoter reserves the right to remove such content and / or to inform the competent authorities of any content that appears in breach of Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this term shall have their participation in the Promotion automatically made void.
10. Media and marketing. Acceptance of a Prize constitutes permission for the Promoter and/or its designees to use your name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or prize information or personal exposition, and the Promoter may refer to your association with the Promotion (and/or any edited portion thereof) for promotional, advertising, PR, and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without further compensation, notice to, or consent of, the Winner, to the extent permitted by law.
11. Data protection. The personal data that you provide with respect to the Promotion will be processed by FEVER LABS, INC. with registered offices at 2140 S Dupont Highway, Camden, Delaware 19934, United States, as responsible for the treatment, in order to manage this Promotion and delivery of the Prize. If you win a Prize, your personal data will be used by Fever only for the purpose of providing you with the Prize and publicising the Winner’s details, as detailed in these Terms. If you choose not to provide your personal data to Fever, Fever cannot provide the Prize to you. If you are successful in winning a Prize, then Fever will not keep your personal data for any longer than it needs to, either to comply with the law or to fulfil its obligations to you and other third parties.
If you win a Prize, then Fever will make your name and county available, as a winner, to people requesting that information in accordance with Fever’s responsibilities under the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. If you do not want your name to be made available, please inform Fever using the contact details provided in these Terms. Fever will not disclose or share your personal data or with any third party other than those who are engaged by Fever to administer the competition and/or fulfil the Prize. Your personal data may be sent to countries outside of the European Economic Area where Fever (or its third parties’) processing equipment is located in another country or where fulfilment of the Prize happens in another country, but Fever will ensure that any transfer happens in
12. Limitation of Liability. By participating in the Promotion, Participants and Winners agree to release and hold harmless the Promoter and its respective advertising and promotion agencies and its respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of the Prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery, to the extent allowable by law.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PRIZE AND/OR THE PROMOTION. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED £10. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, AND IN THIS CASE SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
13. Acceptance and publication of the rules. Participation in this Promotion implies full acceptance of these Terms. Any statement to the contrary by the Participant will result in their disqualification from the Promotion and Promoter will, therefore, be released from the fulfilment of the obligations contracted with said Participant under these Terms.
14. Applicable legislation and jurisdiction. These Terms and Conditions are governed and must be interpreted in accordance with the laws of England. Any legal claim or dispute that arises in relation to these Terms will be subject to the exclusive jurisdiction of English Courts and Tribunals in the city of London.
Promoter: Kzemos UK Ltd. with registered offices at Labs Triangle, Chalk Farm Road, London, England NW1 8AB.