November 2021 Portman Marylebone Instagram Giveaway – Terms and Conditions of the Promotion
- Organiser of the Promotion.
ANM COMMS LLP, with registered place of business at Rankin House, 139-143 Bermondsey Street London SE1 3UW, United Kingdom (hereinafter “Promoter”), is the organiser and promoter of the 2021 Portman Marylebone Instagram Giveaway (the “Promotion”), with Fever Labs Inc. of 379 Broadway, 2nd floor, New York, NY 10012, United States (hereinafter, “Manager” or “Fever”), administering elements of the sweepstakes in accordance with these terms and conditions (“Terms”).
- Acceptance of the Terms and Disclaimer.
By participating in this Promotion, each Participant (each one, a “Participant” and together, the “Participants“) declares that they meet all the participation requirements set forth in section 5 “Requirements for Participation” and any other requirements of these Terms, and agree to be subject to these Terms and all applicable laws, ordinances and regulations, as well as to the decisions that Manager makes, on behalf of the Promoter, regarding this Promotion in accordance with the foregoing. If at any time a Participant informs the Manager that they do not accept any part of the Terms, they will be excluded from participation in this Promotion and each the Promoter and Manager will therefore be released from all obligations contracted with said Participant under these Terms. By participating in this Promotion, the Participant agrees to release the Manager and its administrators, partners and employees from any liability, loss or damage resulting from the Participant’s participation in this Promotion including with respect to the adjudication, receipt, possession, use and/or misuse of any of the Prizes (as defined in section 9 “Prizes”).
By way of example, neither the Promoter or the Manager will assume any responsibility for (i) problems or technical failures of social networks, telephone lines, computer systems, servers, software or errors of any email message destined to the Manager; (ii) the impossibility of any Participant registering due to an error with a justified or reasonable cause; (iii) the defects presented by the Prize for reasons attributable to the manufacturer, distributor or service provider; or (iv) damages that may occur in the sending of the Prize and that are 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.
Any and all information necessary to participate in the Promotion, that is provided by the Participant, must be true. Any communication of untrue or inaccurate personal data will entitle the Manager, on the Promoter’s behalf, to disqualify the Participant from participation. The Manager may exclude from participation any Participants who are suspected of engaging in or who have engaged in abusive or fraudulent practices in relation to the Promotion. The Manager will not be responsible for the veracity or completeness of the data provided by Participants. If the Manager or Promoter cannot contact the winning Participants in order to facilitate the delivery of the Prize because the information provided is not true and accurate neither party will be responsible for any failure to deliver the Prize.
- Promotion Period.
The Promotion will begin at 00:01 GMT on November 22, 2021 and end at 11:59PM GMT on November 28, 2021.
The Manager, on the Promoter’s behalf, reserves the right to extend the Promotion period at its convenience, and shall communicate any such extension to users through an update to the original Promotion post itself. Likewise, the Manager 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 Manager that sufficiently justify said decision, and shall communicate any such interruption or termination to users through an update to the Promotion Instagram post itself.
- Territorial Scope of the Promotion.
This Promotion will be developed through the Manager’s official Secret London account on Instagram (@secret.london) (the “Manager’s Instagram Account”). The territorial scope of this Promotion shall be England and Wales.
- Participation requirements.
Requirements for participation are outlined in this section and throughout these terms. Each eligible Participant must be a natural person who is 18 years or older and who legally resides in England or Wales. Eligible Participants must also hold a valid and true Instagram profile and account that complies with the guidelines published by Instagram from time to time.
The following categories of person may not be Participants or benefit from any Prize (either directly, or indirectly, for example, as a companion): (i) Fever group employees; (ii) Portman Marylebone or ANM Communications group employees; and (iii) any person directly or indirectly related, as family member or friend, of an employee of the Promoter or Manager.
If any Participant is found to fall within either of these categories, regardless of whether they win a Prize, their participation in the Promotion shall be automatically voided.
- Free nature of the Promotion.
Participation in this Promotion is completely free and shall not require or otherwise suggest any payment for entry by the Participants.
- Promotion Mechanics.
The instructions provided at the point of entry form part of the terms and conditions of this promotion. In the event of a conflict, these Terms take precedence. The mechanics of the Promotion will be communicated through the Manager’s Instagram Account. In order to participate in the Promotion, Participants must enter the promotion by completing each of the following steps:
(i) Follow @secret.london and @portmanmarylebone on Instagram;
(ii) Like the post or publication on Instagram by which Manager shall communicate the Promotion; and
(iii) Comment on the published Promotion Instagram post in which Manager communicates the Promotion, tagging a friend’s Instagram account handle.
Limit of one entry per person.
Manager reserves the right to request a copy of the Participant’s identity document (national identity document and/or passport), and any other documentation that it deems appropriate for the purpose of verifying that the participation requirements are met, and facilitating the delivery of the Prize to the Winner at a physical address in England or Wales.
Comments made on the Promotion Instagram post must not feature:
- or tag Instagram contacts who are under the legal drinking age in that contact’s country of residence;
- images or links to images of anyone under the age of 25;
- third party brands or trademarks;
- Offensive comments (see part 8 of these Terms)
- the portrayal or suggestion of immoderate or irresponsible drinking;
- daring or antisocial behavior;
- anything which may breach any legal or code requirement which the Promoter is required to comply with; or
- anything which may damage the Promoter or Manager’s reputation.
Any comments made by Participants which, in the reasonable opinion of the Manager, acting on the behalf of the Promoter, are deemed to contravene these Terms will result in the respective entry being disqualified from this Promotion. The Manager, acting on the Promoter’s behalf, has sole discretion as to whether a comment contravenes these Terms.
- Offensive comments.
Participants may not comment or incorporate content in the Promotion Instagram post that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal, that incites illegal behavior, threats or insults, or in any way breaches Instagram’s published community guidelines, as they appear from time to time. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and that may be removed by Instagram. Manager reserves the right to remove such content and/or to inform the competent authorities of any content that, in its opinion, appears in breach of Instagram’s published standards or applicable law.
- Winner of the Promotion, Date and Means of Communication.
In this promotional offer, Manager will draw one (1) winner (“Winner”). Alternates will also be drawn, to substitute the Winner in case they; (i) renounce the Prize, cannot be located within two (2) natural days of the Prize being drawn, (ii) are found to not comply with any of the participation requirements or (iii) are otherwise in breach of any part of these Terms.
The Winner and the alternates will be drawn at random within one business day following the end of the Promotion period. Winner will be announced at 12:01PM GMT and the Manager will notify the Winner by Instagram direct message to their Instagram profile from the Manager’s Instagram Account.
The Winner must accept the prize within two 2 natural days of notification. The Winner must accept the prize by sending a direct message from their winning Instagram profile to the Manager’s Instagram Account. At the time of contact, the Winner must provide to the Manager any relevant personal details required for the delivery of the Prize (see part 7 “Promotion Mechanics”).
If the 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 under the same conditions noted in this clause. In this case, the alternate will have the same time period of two (2) natural days following the announcement of assignment in which to claim the Prize. In the event that neither the Winner or the alternate accept the Prize in accordance with the Terms, the Prize will not be awarded and the Manager will announce this through an update to the original Promotion Instagram post.
The prize will consist of £1,500 to be spent at any of the stores located in Portman Marylebone across a one year period (the “Prize”), which will be managed by ANM Comms on behalf of Portman Marylebone.
If the Prize, as described, is unable to be provided to the Winner, due to circumstances out of the Promoter’s control, Promoter may substitute elements of the Prize for comparable items of a similar value. The Prize is not transferable. All taxes, insurances and other expenses, unless specifically indicated, are the sole responsibility of the person to whom the Prize is awarded.
- Participation through social networks.
Instagram does not sponsor, endorse or administer this Promotion in any way, and is not in any way associated with this Promotion. The Participants exempt this social network from any responsibility derived from the development of this Promotion.
- Promotional Release.
In accordance with applicable regulations, upon acceptance of the Prize, the Winner shall assign to the Promoter the right to use their name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or Prize information, without further notice, in any advertising or promotional activity that is related to this Promotion through any means of electronic reproduction as is conventional industry practice. Nothing in these terms shall grant the Participant any remuneration or any benefit for the use of their image or information, other than the delivery of the Prize in accordance with these Terms.
- Data protection.
The personal data that each Participant provides in the framework of the Promotion will be processed by the Manager, FEVER LABS, INC. with registered office at 379 Broadway, 2nd floor, New York, NY 10012, United States, as responsible for the treatment, in order to operate, administer, and manage participation in this Promotion, which is the legal basis of the Manager’s processing.
The personal data of the Winner will be shared with the Promoter and will be used by the Promoter for the purpose of (i) delivering the Prize and (ii) publicising or making the Winner’s name and county available to people requesting that information in line with the Promoter’s responsibilities under the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. Delivery of the Prize and publicising the Winner’s information in accordance with the Terms are the legal basis for the Promoter’s processing. Winner’s who do not want their names to be made available in accordance with these Terms should contact the Manager at the details provided below. If the Winner chooses not to provide their personal data to the Manager, the Promoter will not be able to provide the Winner with a Prize.
Neither the Promoter or the Manager shall disclose or share Participants’ personal data with any third party other than those who are engaged on their behalf to administer the competition and/or fulfil the Prize. Participants’ personal data may be sent to countries outside of the European Economic Area where the Promoter or Manager (or such third parties’) processing equipment is located in another country or where fulfilment of the Prize happens in another country, but the Promoter and Manager will each ensure that any such transfer happens in accordance with applicable law.
In accordance with the applicable data protection laws and regulations, the Promoter and Manager remind Participants that at any time they may exercise their 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 their data by sending an email to the relevant contact:
- For Manager/Fever: DPO@feverup.com
- For Promoter: Xgibson@anmcomms.com
Likewise, Participants have the right to file a complaint with the competent control authority regarding data protection, such as the case of the Information Commission Officer (ICO) at www.ico.org.uk
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 Manager will, therefore, be released from the fulfillment of the obligations contracted with said Participant under these Terms.
Participants must not tag, re-post, forward or otherwise share Instagram messages or posts relating to this Promotion with any of Instagram contacts who are under the legal drinking age in the intended recipient’s country of residence.
If any provision of these Terms is held to be invalid, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
- 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: ANM COMMS LLP, Rankin House, 139-143 Bermondsey Street London SE1 3UW, United Kingdom.