Terms and Conditions of the Promotion (the “Terms”)
Organizer of the Promotion
FEVER LABS, INC. (hereinafter “Fever“), with tax identification number 99-0368536 and with registered office at 2140 S Dupont Highway, Camden, Delaware 19934, United States, will carry out the promotion called Manchester Mad Hatter Giveaway (hereinafter, the “Promotion“) on Instagram.
Acceptance of the Terms and Disclaimer
By participating in this Promotion, each Participant (each one, a “Participant” and together, the “Participants“) declares that he / she meets all the participation requirements set forth in section 5 (Requirements for Participation) below and agree to be subject to these Terms and all applicable laws, ordinances and regulations, as well as to the decisions Fever makes regarding this Promotion in accordance with the foregoing. If at any time a Participant informs Fever that it does not accept all the Terms, it will be excluded from this of the Promotion and Fever will therefore be released from compliance with the obligations contracted with said Participant under these Terms.
By participating in this Promotion, the Participant agrees to release Fever and its administrators, partners and employees from any liability, loss or damage resulting from the Participant’s participation in this Promotion or with respect to the adjudication, receipt, possession, use and / or misuse of any of the Prizes (as defined in section 9 Prizes of these Terms).
By way of example, Fever will not assume any responsibility for problems or technical failures of social networks, telephone lines, computer systems, servers, software or error of any email message destined to Fever. Thus, Fever will not be responsible for the impossibility of registering any Participant due to an error due to justified or reasonable cause. Fever will not assume any responsibility for the defects presented by the Prize for reasons attributable to the manufacturer, distributor or service provider. Likewise, it will not assume responsibility for damages that may occur in the sending of the Prize and that is attributable to the transport companies, for the incidents that could occur in transfers, stays or displacements in case Prizes of Travel or event.
The information necessary to participate in the Promotion provided by the Participant must be true. Any communication of untrue or inaccurate personal data will entitle Fever to disqualify the Participant. Fever may exclude from participation any Participants who are suspected to be incurring or have incurred in abusive or fraudulent practices. Fever will not be responsible for the veracity of the data provided by Participants. If Fever cannot contact the winning Participants in order to deliver the Prize because the data is not true and accurate it will not be responsible for its failure to deliver the Prize.
The Promotion will begin on February 5, 2020 (GMT) at the time of publication of the Promotion post and end on February 9, 2020 (GMT) in accordance with these Terms.
Fever reserves the right to extend the Promotion period at its convenience, communicating it to users at least through the Promotion post itself. Likewise, Fever reserves the right to interrupt and / or terminate the Promotion in advance in the event that there are reasonable causes that sufficiently justify said decision, by communicating it to users at least through the Promotion post itself.
Territorial Scope of the Promotion
This Promotion will be developed through the official Fever account on Instagram. The territorial scope of this Promotion is the United Kingdom.
All natural persons who are of age and reside in the United Kingdom. To be a Participant, it will be necessary to have signed in to Instagram with a true profile.
The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): (i) Fever employees (ii) any person directly or indirectly related to Fever. If any of these people becomes a Participant, regardless of whether they win a Prize, it will be understood that their participation is automatically void.
Free nature of the Promotion
Participation in this Promotion is completely free and does not imply in itself an additional payment by the Participants.
The mechanics of the Promotion will be communicated through the official Fever account on Instagram.
In order to participate in the Promotion, Participants must:
(i) follow @Madhatteruk_ on Instagram, and
(ii) comment on the publication in which Fever communicates the promotion, tagging a friend.
Fever reserves the right to request a copy of the Participant’s identity document (national identity document and / or passport), for the purpose of:
(i) verifying that the Participation Requirements are met, and
(ii) delivering the Prize to the winner.
In turn, and for the purpose of being able to deliver the Prize to the winner, Fever reserves the right to request any documentation that it deems appropriate in order to verify the identity of the winner, and shall have the right to refuse delivery of the Prize in the event that the winner does not comply with the participation requirements or any other clause of these Terms.
Winner of the Promotion, date and means of communication
In this promotional offer, we will draw one (1) winner. One (1) alternate will also be nominated, to substitute the winner in case he or she renounces the Price, cannot be located within a 3 natural days period or does not comply with any of the Participation Requirements established in these Terms.
The winner will be announced the next business day to the date the promotion ends. The maximum amount of claim for the prize per winner from your ad will be 3 days. Fever will announce the winner in the post promotion campaign, labeling it. You can also send a private message via Instagram to the winner. The winner must accept the prize by sending the corresponding email to the following address: firstname.lastname@example.org within a maximum period of 3 days as long as the winner’s condition is announced. In case the winner does not accept the prize, he will be disqualified, the Prize will be assigned to the alternate in the same way, and the alternate will have the same time period to accept via email.
In the event that neither the winner nor the alternate accept the Prize or is located within the periods established in Terms, the Prize will not be awarded.
The Prize consists of a gift card for two (2) tickets to Mad Hatter’s (Gin &) Tea Party Manchester, which has a value of £ 60 (the “Prize”). The Prize will be handed over to the winner and it will be redeemable via the Fever app for any sessions of which Mad Hatter’s (Gin &) Tea Party Manchester takes place (which takes place every Friday, Saturday and Sunday between the 16 of April and the 24 of May 2020), subject to availability of tickets for each specific session.
In order to enjoy the Prize you will need to be registered in the Fever app. The Prize is not transferable.
All taxes, insurance and other expenses, unless specifically indicated, are the sole responsibility of the person to whom the Prize is given.
Participation through social networks
Instagram does not sponsor, endorse or administer this Promotion in any way, nor is it associated with it. The Participants exempt this social network from any responsibility derived from the development of this Promotion.
Participants may not comment or incorporate content in the post of the promotion that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults.
Fever reserves the right to remove such content and / or to inform the competent authorities of any content that appears in its alarming opinion.
Transfer of data and image rights
In accordance with applicable regulations, the winners shall assign Fever the rights to name, surname, address and image in any advertising or promotional activity that is related to this promotion through any means of electronic reproduction as conventional. These rights of Fever will not grant them the right to any remuneration or any benefit other than the delivery of the Prize in accordance with these Terms.
The personal data that each Participant provides in the framework of the Promotion will be processed by FEVER LABS, INC. with registered office at 2140 S Dupont Highway, Camden, Delaware 19934, United States as responsible for the treatment in order to manage your participation in this Promotion, and if necessary manage the delivery of the Prize.
In accordance with the applicable data protection laws and regulations, we remind you that at any time you can exercise your rights of access, rectification, deletion, limitation of treatment, opposition to treatment, including the sending of commercial communications by electronic means, and when proceed to the portability of your data by sending an email to DPO@feverup.com. Likewise, you have the right to file a complaint with the competent control authority regarding data protection, such as the case of the Information Commision Officer (ICO) at www.ico.org.uk
Acceptance and publication of the rules
Participation in this Promotion implies full acceptance of these Terms. Any manifestation to the contrary by the Participant will entail the exclusion of this from the Promotion and Fever will, therefore, be released from the fulfillment of the obligations contracted with said Participant under these Terms.
Applicable legislation and jurisdiction
These Terms and Conditions are governed and must be interpreted in accordance with the laws of the United Kingdom.
Any controversy that arises in relation to these Terms will be subject to the exclusive jurisdiction of UK Courts and Tribunals of the city of London.