DESIGN BUNDLES

12 DAYS OF CHRISTMAS COMPETITION TERMS AND CONDITIONS

Terms & Conditions

Information in the Competition Details (or in the pop up via the Platform for the relevant Competition), including in respect of on eligibility, mechanisms on how to enter, and prizes Competition Details form part of these Terms.

These Terms apply to all Competitions the Promoter runs from time to time via the Platform.

Participation in the Competition is deemed acceptance of these Terms. Any capitalised terms used in these Terms have the meaning given in the Competition Details or in the pop up via the Platform for the relevant Competition, except where stated otherwise.

Eligibility & Entry

1. Entry is open to residents in the Competition Area aged 18 years or over or who have the consent of their legal guardian (Entrants). Employees, immediate family members, retailers, suppliers, associated companies and agencies related to the Promoter are not eligible to enter in the Competition.
2. To enter the Competition, Entrants must complete the Entry Procedure during the Competition Period. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.
3. No purchase is necessary to enter the Competition, however entry to the Competition is only open to Design Bundles users with a ‘Plus’ subscription.
4. Entrants may enter the Competition up to the Maximum Number of Entries (if applicable).
5. Entries must be received by the Promoter during the Competition Period. Online or email entries are deemed to have been received at the time of receipt by the Promoter and not at the time of transmission.
6. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms as determined by the Promoter or any other content guidelines notified by the Promoter during completion of the Entrant’s completion of the Entry Procedure.
7. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Prize Draw

8. The draw to determine the winning Entrant(s) for the Competition will be conducted in accordance with the Draw Details. The Prize(s) will be awarded to the Entrant(s) in accordance with the Draw Details, provided the Entrant has complied with the Entry Procedure.
9. Each day during the Competition is deemed a separate competition, and the same entrant may win a Prize across multiple days of the Competition.
10. The winning Entrant will be notified by email and/or telephone as soon as practicable after the Prize Draw, using the telephone number or email address provided with the Competition entry.
11. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone who emails the Promoter’s email address in the Competition Details or writes to the address set out in the Competition Details (enclosing a self-addressed envelope) within 1 month after the End Date.
12. If the Entrant objects to any or all of your surname, county and winning entry being published or made available, please contact the Promoter using the address details in the Promotion Details. In such circumstances, the Entrant acknowledges that the Promoter must still provide the information and winning entry to the Advertising Standards Authority (and any other applicable regulator) on request.
13. Entrants are responsible for any and all expenses incurred when entering the Competition and accessing, claiming and/or using the Prize (unless otherwise stated on the Site).
14. As the Competition is a game of chance, and subject otherwise to these Terms, skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The winning Entrant will be confirmed by the Promoter. The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.
15. In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.

Prizes

16. The Prize(s) are specified via the pop up via the Platform for the relevant Competition. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH BY THE WINNING ENTRANT.
17. If any Prize is unavailable to a Prize winner in a specific country, and the Promoter has done everything reasonable to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification.

Claiming Prizes

18. The Prize(s) must be claimed by the Redemption Date in accordance with any claim instructions set out in the Competition Details or in the pop up via the Platform for the relevant Competition. The Promoter may require the winning Entrant to provide relevant evidence in order to claim the Prize, such as proof of identity and address.
19. If the winning Entrant does not claim the Prize before the Redemption Date, the Prize will be deemed to be forfeited by the Entrant.
20. The Promoter will deliver the Prize(s) within the Prize Delivery Time (set out in the Competition Details or in the pop up via the Platform for the relevant Competition).

General

21. Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
22. Disputes: Neither the Promoter nor the Entrant may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless the Promoter and the Entrant first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent the Promoter or the Entrant from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting:

1. where the Entrant is resident or incorporated in England and Wales, refer the matter to mediation, administered by The Centre for Effective Dispute Resolution; or
2. where the Entrant is not resident or incorporated in England and Wales, refer the matter to arbitration administered by the London Court of International Arbitration (LCIA), with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules.

23. Privacy: Please see the Promoter’s Privacy Notice (linked in the Competition Details) for more information about how the Promoter collects, stores, uses and discloses personal data.
24. Laws not excluded: Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited.
25. Liability: Neither the Promoter or the Entrant may benefit from the limitations and exclusions set out in these Terms in respect of any liability arising from its deliberate default. The restrictions on liability in these Terms apply to every liability arising under or in connection with this Agreement including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise. Nothing in these Terms limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and (d) defective products under the Consumer Protection Act 1987.
26. Subject to clause 25 (no limitation in respect of deliberate default and liability which cannot legally be limited), but despite anything else to the contrary, to the maximum extent permitted by law, neither the Promotor not the Entrant will be liable for any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.
27. Subject to clause 25, the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

1. any act or omission of an Entrant;
2. any breach of these Terms by the Entrant;
3. any personal injury or death or property loss or damage;
4. claiming the Prize;
5. use of the Prize in any way;
6. any theft of any Prize or unauthorised access or third party interference in the Competition;
7. any entry or Prize claim that is late, lost, altered, damaged, delayed, corrupted or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
8. any tax liability incurred by a winning Entrant,

except to the extent such liability was caused or contributed to by the Promoter’s negligent act or negligent omission.

28. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
29. Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
30. Intellectual Property: The Promoter does not claim any rights of ownership in an entry and nothing in these Terms constitutes a transfer or assignment of the Promoter’s intellectual property rights.
31. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Competition may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
32. Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Competition, to pounds or £ is a reference to the lawful currency of the United Kingdom.
33. Amendments: These Terms may be amended or replaced from time to time if required by any regulatory authority.
34. Jurisdiction: These Terms are governed by the laws of England and Wales. Entrants submit to the jurisdiction of the courts of England and Wales.
35. Entire Agreement: These Terms represent the entire agreement between the Promoter and any Entrant (including the winning Entrant) with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in writing.
36. Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms.

© LegalVision Law UK Ltd