HOBTOBERFEST: TERMS AND CONDITIONS FOR THE GRAFFITI GIVEAWAY
Prize: There will be one prize winner who will receive a piece of custom Hobgoblin art created by street artist Flake.
Time/Date: 6:30PM on Saturday 31st October 2020.
Closing Time/Date 08:00PM on Saturday 31st October 2020.
No. of Entries: Only one entry per person per person.
Any entry Criteria: The Promotion is open to entrants aged 18 or over with an active Instagram account who is following @Hobgoblinbeer. Route to entry in this Promotion is via the following Instagram page only: @Hobgoblinbeer To enter, simply visit any of the Promoter’s Instagram Page at 4:00 PM on Saturday 31st October 2020 and submit your three favourite emojis in the comments section of the graffiti post.
- The Promoter is Marston’s PLC (company number 00031461) trading as Marston’s Beer Company (a trading division of Marston’s PLC) with its registered office at Marston’s House, Brewery Road, Wolverhampton WV1 4JT (the “Promoter“).
- This Promotion is run in conjunction with Clarity PR Ltd (08425943) with its registered office at 18 Morland Place, Birmingham, West Midlands, B31 2PF (the “Administrator”).
- This Promotion is open to residents of the United Kingdom aged 18 or over, except for employees/directors of the Promoter and the Administrator, such employees/directors’ immediate families/households or anyone else professionally involved with this promotion.
- This is an online promotion; internet access and an active Facebook account is required to participate. The winning entrant will be the owner of the relevant Facebook account from which the entry is submitted.
- Entries must be submitted by the relevant Quiz Time/Date.
- Entrants must not use a false name or email or provide any false information when entering this Promotion.
- Only one entry per person per Quiz. Any entrant attempting to circumvent this rule by using alternative details including, but not limited to, by creating multiple Facebook accounts, will be refused participation from this Promotion.
- There is no purchase necessary.
- Entrants may only enter the promotion via the Promoter’s Facebook Page(s) listed above. Entries via email, post or facsimile will not be accepted.
- Any entries which have been submitted using scripts, automated systems, collaborative practices or via a third party for commercial gain will be deemed invalid.
- Entrants may only enter the Promotion for personal non-commercial use only.
The Prize Draw
- On the date specified, the Prize draw winner will be selected at random by the Administrator under independent supervision from all complete, eligible and properly submitted entries received. For the avoidance of doubt, only entrants who provide the correct answer will go into the Prize draw in respect of the Quiz entered into. Entries will not carry forward to any subsequent Prize draws.
- Prize winners will be notified through Facebook (either via private message or directly on the posted comment) to begin arranging claiming the Prize.
- Please refer to the Promoter’s Facebook Page(s) for further details of the Prize on offer.
- Prizes are non-transferable, non-refundable and no cash equivalent is available.
- Whilst the Promoter will make every effort to honour the advertised Prize(s), the Promoter reserves the right in its sole discretion to substitute any prize with an alternative of a similar value if circumstances dictate this.
- There will be one prize winner who will receive a piece of custom Hobgoblin art created by street artist Flake.
- In certain circumstances, the Promoter may, in its sole discretion, offer a cash alternative or transfer of all or part of a Prize to a family member of a winner. Such circumstances may include (but are not limited to) the Prize being inappropriate for the age or health of the winner or no longer being available for circumstances beyond the Promoter’s reasonable control. In such circumstances, the Promoter may require the winner(s) to provide written confirmation of waiver of their entitlement and/or written acceptance from any transferee to comply with these terms and conditions.
Facebook or other media Platforms
- This promotion is not sponsored, endorsed or administered by, or associated with, Facebook and by participating in the promotion, each entrant agrees to completely release the relevant platform (or platforms(s)) from any claims or damages the entrant may suffer in connection with their participation in the promotion.
Rules for Competition Entries
- All submissions/entries must comply with the following “Content Rules”:
a) be in the English language;
b) not name or refer to any individual other than the entrant (or include any third party personal information);
c) not contain the image or likeness of any individual: (1) under the age of 18; or (2) other than the entrant without that individuals’ express consent;
d) not contain any material that infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement;
e) not have been previously submitted in any other promotion or distributed previously in any media;
f) not disparage or be harmful to the Promoter or any of its brands, employees/directors, customers or pubs;
g) not in any way mention, refer or otherwise allude to the name, logo or trade mark of any entity, individual, product or brand other than those of the Promoter and its brands;
h) not contain material that is inappropriate, contains nudity, is indecent, lewd, pornographic, obscene, illegal, unlawful, hateful, disparaging, defamatory, slanderous or libellous;
i) not contain any swear words, offensive or vulgar language or other coarse language;
j) not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, political belief, sexual orientation or age;
k) not promote excessive or irresponsible drinking or illegal drugs or tobacco (or the use of any of the foregoing); and
l) not contain any computer virus, bugs, Trojans or other malicious, invasive or harmful code.
Limits on the Promoter’s responsibilities and Indemnities
- Winners agree to be fully responsible for any personal or incidental expenses and/or tax liabilities incurred in claiming and using the prizes. The Promoter will not be responsible for any loss or injury resulting from entry into the Promotion or a winner’s acceptance and/or use of the Prize.
- Winners will be notified via Facebook using the account handle they submitted their entry from. The Promoter will take all reasonable steps to contact the winning entrants to arrange for the organisation of the prize, but if there is no response within 14 days, or the contact details are invalid, the Promoter reserves the right to (randomly) re-allocate the prize without liability to the first winner.
- The Promoter will not be responsible for losses, failures or delays relating to circumstances beyond its reasonable control including (but not limited to) acts of God, war, governmental action, pandemic or epidemic, strikes, disputes or the acts or defaults of any supplier of the prizes.
- The Promoter will not be responsible for any damage, loss or injury to an entrant that is not reasonably foreseeable. The Promoter’s responsibility for any damage, loss or injury to an entrant under these terms and conditions or otherwise in connection with the promotion shall be limited to the value of the prize won by the entrant.
- The Promoter will not be responsible for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit entrants’ ability to participate in the promotion. The Promoter does not guarantee that the Promoter’s Facebook Page(s) will be operational on any specific device or system or that it will be error free or available all the time.
- The Promoter will be liable for any death or personal injury arising from its negligence. Nothing in these terms and conditions will exclude that liability or any other liability, which it is not lawful to exclude.
- Each entrant will indemnify (and will keep indemnified) the Promoter and its affiliates against all costs, claims, losses, damages, expenses (including legal expenses) or other liability arising as a result of a breach of these terms and conditions or negligence.
Data Protection and Privacy
- In accordance with the current guidelines that govern promotions in the UK, if you are a winning entrant, we may publish, or make available on request, information that confirms an award took place – that is your surname, county and, if applicable, the entry itself. You have the right to object, or to ask for less information to be made available. If you wish to object, or if you have any questions or comments regarding data and privacy, please contact our data team by emailing DataSecurityInformation@marstons.co.uk.
- If you are a winning entrant, we may pass your personal data to the Administrator to administer the award of a Prize, or use your personal data to announce the winner and for reasonable promotional purposes connected to the promotion. Again, if you wish to object, please contact the data team.
- By entering, entrants agree to these terms and conditions
- All winning entrants agree to participate in any reasonable publicity arranged by the Promoter without recompense.
- The decision of the Promoter is final and no correspondence will be entered into.
- The name and county of the Prize winners can be obtained for up to 6 months following the last Quiz by sending a self-addressed envelope to the Promoter’s address set out above citing the name of the promotion.
- The Promoter reserves the right to eliminate or disqualify any entries or entrants who the Promoter has reasonable grounds for believing are in breach of these conditions.
- The Promoter’s Facebook Page(s) may contain links to other websites, including those belonging to the Promoter’s partners. These links are provided for convenience and are not under the control of the Promoter and as such we make no warranty, either expressed or implied, concerning the content of such sites including claims of infringement or that such sites are devoid of viruses or error free.
- The Promoter reserves the right to cancel the Prize draw or amend these terms and conditions without prior notice at any time, for whatever reason, and without liability to any entrants for doing so. Please check these terms and conditions regularly as any changes are effective immediately upon posting to the Promoter’s Facebook Page(s).
- The rights and remedies of the Promoter under these terms and conditions are without prejudice to its rights under the law.
- These terms and conditions shall not create any rights or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
- These terms and conditions are made under English law. Any dispute or claim that an entrant or the Promoter brings in relation to or in connection with these terms and conditions or the promotion will be decided on the basis of English law by the English courts alone.
- It is not the intention of this promotion in any way to encourage people to consume excessive amounts of alcohol. The Promoter encourages responsible drinking.
- If you have any questions or comments regarding this promotion, or these terms, please contact us at the above address or using the “Contact Us” section of the Promoter’s Facebook Page(s) or the Promoter’s website. Please clearly state the name of the Promotion.