THE TALBOT GIVEAWAY – London
December 2023 @secret.london
Terms and Conditions
1. Organiser of the Promotion. Estrella Damm (hereinafter “Promoter”), with registered office at 5a Bear Lane, SE1 0UH, London, is the organiser of the promotion called The Talbot Giveaway (hereinafter, the “Promotion”) to be administered in accordance with these Terms and Conditions (“Terms”. The Promotion shall be administered and managed on behalf of the Promoter by Kzemos UK Ltd. with registered offices at Labs Triangle, Chalk Farm Road, London, England NW1 8AB (“Fever”).
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, or Fever on the Promoter’s behalf, makes regarding this Promotion in accordance with the foregoing, (ii) you agree to release both the Promoter and Fever and their respective 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 Promote and/or Fever, 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 and/or Fever shall communicate any such change to Participants at least through the original publication of the Promotion, itself. The Promoter and/or Fever’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision. Fever is not responsible for the content of any external websites that are linked or referenced within these Terms, including that of the Promoter..
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 09:00 AM GMT on 1st December 2022 and end at 17:30 PM GMT on 8th December 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 Fever 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 London Instagram profile (@secret.london) (“Fever’s Instagram Account”). The territorial scope of this Promotion is limited to the United Kingdom (UK).
5. Participants. Each eligible Participant must be a natural person, aged eighteen (18) years or older, legally residing in the United Kingdom (UK). 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.
Fever 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 and/or Fever 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 1
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 @Secret London @talbotbrockley @estrelladamm, you’d want to bring with you (ii) liking the post or publication made by Fever’s Instagram Account (through which Fever communicates the Promotion) and (iii) commenting on the Instagram post or publication, tagging three (3) friend’s accounts compliant with the guidelines published by Instagram. 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.
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.
Only those people over 18 years of age, who meet the participation requirements, may participate in this Promotion.
Comments made on the promotion post or publication must not feature or tag Instagram contacts who are under the legal drinking age in that contact’s country of residence.
Neither the Promoter or Fever are 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 Fever. Neither Fever or the Promoter will be responsible for the veracity of any data provided by Participants.
7. Winner of the Promotion, date and means of notification. Fever will draw one (1) winner (the “Winner”) in a random draw at 09:30 AM GMT on 9th December 2022. The Winner will be notified at 10:00 AM GMT on 9th December 2022, where the winning Instagram handles will be tagged in a comment on the original Promotion post, by Fever’s Instagram Account. Fever may, in addition to this, notify the Winner by direct message to their Instagram profile from Fever’s Instagram Account. The winner shall be bound to redeem the price up until the 24th of December at 00:00 GM otherwise it stated that the prize will remain ungiven.
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 or the Alternate accept a Prize in accordance with the Terms, the Prize will not be awarded, and Fever will announce this through an update to the original Promotion post. If Fever 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. A three course festive dinner to the Winner and three friends at the best table in the Talbot Brockley restaurant (next to the fireplace). It’s a Christmassy menu created by chef Robin Freeman. The food will be complemented by Estrella Damm beer (the “Prize”). There will be one (1) of Prizes awarded} awarded in Promotion, valued at approximately two hundred pounds(£200). Upon notification by Fever, 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 Fever any relevant personal details required for the delivery of the Prize, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. Once the Prize has been delivered, the Winner shall be solely responsible for the use and redemption of the Prize in a purchase online at the Fever App. 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.
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 behavior, 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, and Fever acting on its behalf, each reserve 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 Fever and the Promoter and/or their respective 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 Fever and/or 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 accordance with applicable law.
12. Limitation of Liability. By participating in the Promotion, Participants and Winner agree to release and hold harmless the Promoter and/or Fever and their 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 the Promoter and Fever will, therefore, be released from the fulfillment 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: Estrella Damm with registered place of business at 5a Bear Lane, SE1 0UH, London Please, drink responsibly