Nesquik Guess the Flavour Giveaway Terms & Conditions
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 these Terms and Conditions and by participating all participants will be deemed to have accepted and be bound by them. Participants should retain a copy for their information.
1. Open to UK, CI & IoM residents aged 18 or over, excluding employees of Nestlé UK Ltd and their immediate families, its agents or anyone else professionally connected with the promotion.
2. Only one entry per person via each of the promotional Instagram posts throughout the duration of the promotion. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to circumvent this clause by tampering with the operation of the promotion, setting up multiple accounts, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive. Participants may enter via the @nesquikuki Instagram page. Maximum of one entry per person and maximum of one prize per person/household.
3. No purchase necessary.
4. There are ten (10) prizes available to be won in total consisting of a 500g pack of the new NESQUIK flavour Milkshake Powder. No cash or other alternative will be available in lieu of the stated prizes except in the event of circumstances beyond its control, the Promoter reserves the right to offer an alternative prize, in whole or part, of equal or greater value.
HOW TO ENTER:
• Participants will require an Instagram account to enter and must ensure that their entries are set to ‘Public’. Participants who do not already have an Instagram account may open one at www.instagram.com, by following the instructions and reading the relevant Terms and Conditions.
• Enter via Instagram by responding in the comments section to the question asked in the official promotional post. Entrants must ensure their account is set to ‘Public’ to allow their entry to be included in the prize draw. The winners will be the first ten (10) qualifying entries drawn at random from all valid entries made via the Instagram posts on @nesquikuki by 23:59 on 05.06.22. The winners’ Instagram names will be announced/tagged in the original promotion posts within two working days of the closing date. The winners will be required to private message the Promoter within five (5) working days of the winner notification with their contact details to arrange their prize.
• By participating entrants understand and agree to their comments being publicly displayed on the @nesquikuki official UK Instagram pages. Such entries may be attributed to the original entrant using their name as provided with their entry, or as shown on their Instagram account.
• Comments must not infringe the copyright or other intellectual property rights of any third party. The Promoter reserves the right to remove any comments it deems to be:
i. Violent, negative or/and discriminative of any ethnic, racial, gender, religious, professional or age group, or be profane or obscene;
ii. Promote or be about the use of illegal drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous, or any particular political agenda or message;
iii. Be offensive or be about hate;
iv. Defame, misrepresent or contain negative remarks about the Promoter or its products, other people, products or companies;
v. Contain trademarks owned by others or advertise or promote any brand or product of any kind, without permission;
vi. Contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples") without permission;
vii. Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission;
viii. Communicate messages or images inconsistent with the positive images and/or goodwill to which the Promoter wishes to associate;
ix. Depict, and cannot itself be in, violation of any law.
5. The Promoter reserves the right at its sole and absolute discretion to immediately and permanently remove any comments or posts that it deems to be distasteful, degrading or will in any way cause offence. Comments should not mention or tag another person except where the entrant has obtained express permission to publicly share that person’s Instagram name. All entries must conform to Instagram guidelines and terms and conditions.
6. The winners will be drawn at random by an independent third party from all valid entries received by the stated closing date. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to tamper with the operation of the promotion, setting up multiple accounts, aliases, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive. Bulk, trade, agencies, third party or automated entries are not permitted and will be disqualified.
7. The Promoter reserves the right to remove any entrant from the prize draw whose social media name or photo it deems to be offensive, or it believes may cause offence to other participants.
8. Prize draw closes at 23:59 on 05.06.22. Participation is via the method as outlined in Clause 4 above only. No postal or other entry method is available.
9. The prize draw will take place using an independently verified random computer number generator within two working days of the prize draw closing date and the winners notified via Instagram only. The winners will be required to contact the Promoter via a Private Message to provide contact details and to make arrangements for their prize to be delivered. Whilst all reasonable steps will be taken to contact the winners, if this cannot be achieved within a further seven (7) working days and after three attempts, the Promoter reserves the right to cancel the prize entitlement and award the prize to a reserve winner who will be drawn at the same time as the original winners. If the reserve winner does not respond within 28 days of being notified and after three attempts, the prize entitlement will be withdrawn, and the prize removed from the promotion. On completion of the validation process, the prize will be sent by special delivery post or courier, via a tracked and signed for service, within 28 days of confirmation of the winner’s address.
10. The Promoter reserves the right to withdraw or amend this promotion in the event of any unforeseen circumstances outside its reasonable control but will use all reasonable endeavours to minimise the effect to participants to avoid undue disappointment.
11. The Promotion and these Terms and Conditions will be governed by the laws of England and Wales but any disputes as to the meaning of these Terms and Conditions will be subject to the exclusive jurisdiction of the participants’ local courts.
12. The decision of the Promoter in all matters connected to this draw is final and binding.
13. The Promoter cannot accept any responsibility for any damage, loss or injury suffered by any entrant entering the promotion or as a result of accepting any prize. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence. To the fullest extent possible in law, neither the Promoter nor agencies involved in this promotion will be liable for any loss or damage whatsoever caused by matters relating to this promotion.
14. Promoter reserves the right to verify the winners and to refuse to award the prize or withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these Terms and Conditions, or any instructions forming part of this promotion’s entry requirements, or otherwise where a participant has gained an unfair advantage in participating in the promotion or won using fraudulent means.
15. By taking part in the promotion, the winners agree that the Promoter may contact them to ask whether they want to participate in marketing activities/PR relating to this promotion only.
18. No responsibility can be accepted for any entries that cannot be made, are incomplete, corrupted, delayed or are not received for any reason whatsoever. The Promoter cannot assume any responsibility or liability for:
• Any faulty or failed electronic data transmissions.
• Communications line failure, regardless of cause, with regard to any equipment, networks, lines, satellites, servers, computers or providers used in any aspect of the promotion.
• Any unauthorised access to the operation of this promotion.
• Inaccessibility or unavailability of the internet or Instagram, or any combination thereof.
19. All normal Internet connection charges associated with the submission of an entry to the promotion shall be the entrant’s responsibility.
20. This promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram. Entrants accept and understand that they are providing their information to the Promoter, and that Instagram has no liability for any element of this promotion. Furthermore, any questions, comments or complaints regarding the promotion will be directed to the Promoter only.
21. Any person posting, or seen to be posting, comments to the ‘Nesquik’ social media pages, or any of the other participating pages, or elsewhere during the promotion that are considered bullying, spiteful or upsetting to other participants, fans of ‘Nesquik’ or directly aimed at the Promoter, will have their comments removed and will be disqualified from the promotion. The Promoter reserves the right to alert Instagram to any such behaviour, which may result in the person’s account being frozen pending investigation.
23. To ensure fairness and the integrity of the promotion to all participants, the Promoter will not enter into discussions regarding the running of this promotion via social media but will respond to questions via email@example.com.
24. If any of these clauses should be determined to be 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.
25. 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, bugs, tampering, unauthorised intervention, fraud, technical failures or any other 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 modify or suspend the promotion or invalidate any affected entries. If an act, omission, event, or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.
Promoter: Nestlé UK Ltd, 1 City Place, Gatwick RH6 0PA