Cadbury Christmas Hamper T&Cs December 2019
MM Cadbury T&Cs
These terms and conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/ instructions are deemed to form part of the terms and conditions and by participating all claimants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.
- Promoter: JOE.ie & Her.ie, The Distillery Building, 8 Court, Fumbally, Fumbally Ln, Dublin, Ireland
- Eligibility: Entry is open only to residents of the Republic of Ireland aged 18 and over. Directors, management and employees (and their immediate families) of the Promoter or the agencies or companies associated with this promotion are ineligible to enter.
- Entrants can enter between (‘Promotional Period Dates’):
- 1st December – 17th December 2019
- Internet access is required to submit an entry. No purchase is necessary.
- To enter, please enter your submission on the competition editorial on JOE.ie or Her.ie, where you will find the entry form contained in this competition editorial to tell us who you want to send the Cadbury Christmas hamper to at home or abroad.
- Moderation: The Promoter reserves the right to reject entries which, in the reasonable opinion of the Promoter:
- contain any material which: (i) is offensive and/or derogatory, (ii) is of a explicit and/or sexual nature, or (iii) is defamatory, libelous, obscene or disparages the promoter in any way, or (iv) is otherwise illegal;
- contain any material which violates any third party intellectual property rights (including, but not limited to, copyright, trade marks, or any other proprietary or personal right);
- contain any trade/brand logos or references other than incidental inclusion and/or relating to the Promoter’s products; and
- Promotes any political agenda.
- Maximum of one entry per person during the promotion. Anyone found to be using multiple accounts to enter will be disqualified.
- Winner Selection: All correct entries received during the Promotion Period Dates (subject to moderation) will be entered into a random draw. Draw date: 17th December.
- Prize: Each winner a Cadbury Christmas Hamper. A total of 3 winner will be selected throughout the Promotion Period Dates. There is a maximum of 1 prize per person throughout the Promotion Period Dates.
- Winner Notification: The winners will be contacted via email and a phone call and will be required to respond to confirm eligibility, acceptance of the Prize within 1 day of initial contact. If a winner does not respond to the initial contact within 1 days the Promoter reserves the right to disqualify that winner. If the winner is disqualified, the Promoter reserves the right to award the prize to a reserve winner selected in the same manner. Reserve winners may have less time to respond.
- The Promoter’s decision is final and no correspondence will be entered into.
- The Promoter reserves the right at any time, in its absolute discretion, to verify the eligibility of any participant (including their age and place of residence); disqualify any participant found to be abusing or tampering with the operation of the Promotion or entering using fraudulent means, or who the Promoter believes to have acted in breach of these Terms and Conditions; disqualify participants who do not give correct contact details.
- The Promoter accepts no responsibility for late, incomplete, incorrectly submitted, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. For the avoidance of doubt, it is the responsibility of the participant to check junk/spam to ensure they are in receipt of promotional communication. The Promoter is not responsible for an entrant making a late claim on their win if this email is missed for any reason.
- The Promoter may request that the winners participate in reasonable promotional activity (such as publicity and photography) surrounding the winning of the prize, and they consent to the Promoter using their name, county and images in promotional material and to announce the winners of this promotion.
- The Prize is not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation in whole or in part.
- The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to the Promoter, not to Instagram. The information you provide will only be used for the purpose of facilitating the Promotion unless you have agreed to its use for any other purpose. By entering the Promotion, all Participants agree to give Instagram a complete release from any and all legal liability in connection with the Promotion.
- In the event for any reason the prize winners do not claim the prize at the time stipulated by the Promoter, then that prize will be forfeited by the winners and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. If for any reason a prize is not available, the Promoter reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value.
- If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, malware incident, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
- The Promoter shall comply with all applicable requirements of the Data Protection Act 2018, The EU General Data Protection Regulation 2016 and any successor legislation or other applicable law. The personal information entrants provide will be used by the Promoter for the purpose of conducting this promotion and in accordance with the Promoters’ Data Privacy Notice which can be found at here. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this promotion (including any relevant promotional activity) or communicating with entrants.
- If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
JOE Terms & Conditions
1. Use of this site
Your use of www.JOE.ie is expressly conditional upon your acceptance of the following terms and conditions. By using this site you signify your consent to be bound by these terms and conditions. If you do not agree with any part of the following terms and conditions you must not use the JOE.ie Site.
"You" means you, the user of the JOE.ie Site and "Your" shall be interpreted accordingly. "We/Us" means JOE.ie and "Our" shall be interpreted accordingly. "JOE.ie Site" shall have the meaning as set out above. "User Information" means the personal details which may be provided by You to Us via the JOE.ie Site. "Users" means the users of the JOE.ie Site collectively and/or individually as the context admits. "Website" means a site on the World Wide Web.
3. Acceptable Use
You agree that any use by You of the JOE.ie Site shall be in accordance with the following conditions:
- You will not post or transmit through the JOE.ie Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist , discriminatory, or otherwise offensive or in breach of an laws. Always treat other Users with respect.
- You will not post or otherwise make available on the JOE.ie Site any material which You do not own without the express prior written permission of the owner of the material.
- You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, or make available any material on the JOE.ie Site except as is strictly necessary for Your own personal non-commercial home use.
- You will abide by the specific rules of any competition or promotion that You participate in on or via the JOE.ie site.
- You will not do anything that affects the operability or security of the JOE.ie Site or causes unreasonable inconvenience or offence or disruption to our staff or users.
- JOE.ie reserves the right to alter, edit, modify, remove or shut down all or part of the JOE.ie Website or its contents without further notice.
4. Third Party Websites
- The Site contains links to third party Web Sites, including those provided by advertisers and commercial sponsors. These links are provided solely as a convenience to you and not as an endorsement by JOE.ie of the contents of, or goods or services provided by such third party Web Sites. JOE.ie is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of information contained on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
- JOE.ie generally welcomes the hyper-linking to the JOE.ie Site from other appropriate Web Sites provided such links are to the Sites homepage (and no deeper within the Site) and provided JOE.ie gives its consent to the establishment of such links. Notwithstanding the foregoing, JOE.ie reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the JOE.ie Site from another Web Site must be presented in such a manner that the viewing of the JOE.ie Site is not impaired by framing or similar techniques that may impair the visitor's user experience.
5. Intellectual Property
- All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the JOE.ie Site shall remain at all times vested in Us or Our licensors. You are not permitted to use this material or content unless expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, make available, commercially exploit or create derivative works of such material or content.
- If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
- You acknowledge that by posting or sending material or content to the JOE.ie Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the JOE.ie Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
6. Liability for and information provided on the JOE.ie Site
- Material which is posted on any bulletin boards is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
- We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the JOE.ie Site, or for statements, advice and/or opinions made or given by Users on the bulletin boards . If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not against Us.
- We will endeavour to provide the JOE.ie Site using all reasonable care. On occasions our site may publish articles or features, which some site visitors may find offensive. JOE.ie does not intend to offend and suggests that site visitors who find the tone or content of the site offensive, no longer visit the site. No responsibility is taken for any offense caused. To the maximum extent permissible by law, JOE.ie disclaims all warranties in relation to the content of the JOE.ie Site and makes no representation or warranty in respect of the JOE.ie Site or the material contained therein or its quality, accuracy or fitness for purpose. Further, JOE.ie makes no representations that the material contained in the JOE.ie Site, or any of the functions contained in the JOE.ie Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
- We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the JOE.ie Site.
- JOE.ie disclaims liability in connection with Your use or misuse of the JOE.ie Site to the maximum extent permissible by law.
Unless otherwise stated the promoter of competitions on the site is JOE.ie. Entrants must be over 18 and resident in Ireland. Employees/families/agents of the promoter and its associates are not eligible. One entry per person/per household. No purchase is necessary. Details of the winner can be requested. Prize is subject to availability/may be substituted. No cash alternative/prize is non-refundable/non-transferable. The promoter accepts no liability for lost/damaged/incomplete entries. Proof of entry is not proof of delivery. The winner may need to sign a statement of eligibility/liability/publicity release. Third part T&Cs may apply. Details of entries will be kept on a database and may be used and passed to third parties to enable the processing of Completion/prize fulfillment/ where entrant has consented to share this information with other companies for marketing. To the extent as permitted by Irish law, the promoter excludes all liability for any loss in connection with the competition.
Apple, INC. ("APPLE") is not a sponsor of Maximum Media sweepstakes, nor do they endorse this service or sponsor any prize redemptions.
- We shall comply with all applicable data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
- You may be asked to input information about yourself on different pages of the JOE.ie Site. We will not use the information You provide to Us for any purpose t other than as stated at each location where such information is requested.
- Please email firstname.lastname@example.org to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact.
You agree to indemnify Us, and/or any of Our affiliates and including their officers, directors and employees, servants and agents immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You, and (if applicable) your officers, directors and employees, servants and agents and against any other liabilities arising out of Your use of the JOE.ie Site.
We reserve the right immediately to terminate Your use of the JOE.ie Site in circumstance including (but not limited to)_ where You or (if applicable) your officers, directors and employees, servants and agents breach or procure a breach these terms and conditions or otherwise engage in conduct which We determine in Our sole discretion to be unacceptable or harmful to JOE.ie or its users.
Should You wish to make any comments to Us about the JOE.ie website or if you have any questions relating to the same please contact us at email@example.com.
We love to hear from you on the JOE.ie Facebook page but ask you to follow these guidelines to help provide a respectful, open and transparent environment for all our users.
- By using or accessing this page you agree to all the relevant conditions in the terms of service for Facebook, to these guidelines and the terms and conditions (listed above) on the JOE.ie website.
- User comments on the JOE.ie Facebook page do not reflect the opinions of JOE.ie, nor do we accept or confirm their accuracy.
- All competitions running on the JOE.ie Facebook page will be subject to, but not limited to, our standard Terms and Conditions.
- JOE will endeavour to reply to as many comments and queries as possible where appropriate.
- We ask users to post commentary that is both relevant and respectful to this community as a whole. We moderate reactively and reserve the right to remove comments and/or block users based on the following:
- Comments, links, images or videos that are inappropriate (i.e. obscene, profane or hateful in nature);
- Comments that are abusive, harassing, stalking, threatening or attacking of any individual person, group or legal entity;
- Comments that are potentially defamatory or libellous;
- Comments which could prejudice any active legal proceedings;
- Spam, solicitations or advertisements. This includes promotion or endorsement of any financial, commercial or non-governmental agency;
- Breaches of intellectual property rights including copyright;
- Uploading files that contain viruses or programs that could damage the operation of other’s computers.
- You retain your rights to any content you submit, post or display on or through JOE’s online platforms. By submitting, posting or displaying content on or through JOE’s online platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Please be aware that comments on this page are reactively moderated. If you wish to report anything inappropriate, please email: firstname.lastname@example.org.
- If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
- We reserve the right to change the terms and conditions upon the posting of any altered terms and conditions upon the "JOE.ie Site".
The above terms and conditions and the JOE.ie site are governed by Irish law.