Terms and Conditions relating to BoohooMAN’s “Holiday to Ibiza with On The Beach” Prize Draw

The promoter of boohoo’s “Holiday to Ibiza with On The Beach” Prize Draw (“Prize Draw“) is Boohoo.com UK Limited of 49/51 Dale Street, Manchester M1 2HF (“Promoter“) with elements of the Prize being provided by On The Beach of c/o Park Square, Bird Hall Lane, Cheadle, SK3 0XN (“On The Beach“).

 

  1. Eligibility
    • This Competition is open to individuals in the United Kingdom aged 18 and over.
    • Employees of the Promoter or On The Beach or any associated company and their immediate family as well as sponsors of the Prize draw and their employees and judges of the competition and their immediate family, or anyone else involved in the organisation of the Prize Draw, may not enter the Prize Draw.
    • Entrants will require access to the internet to enter the competition.

 

  1. How to enter
    • To enter the Prize Draw Entrants must:

Visit the Promoter’s site and complete the data entry fields requested https://www.boohooman.com/page/competition.html

  • (“Entry Page“) (“Entry” or “Entries“).
  • Only one Entry is permitted per person. If you make more than one Entry, only your first Entry will be counted.
  • Entries can only be made between 12:00am (BST) on 31st July 2018 and 11:59pm (BST) on 21st August 2018 (“Prize Draw Period“).
  • Entries received after the end of the Prize Draw Period will not be valid.
  • No bulk, third party or automated entries are permitted.
  • All Entrants (including the Winner) must comply with any reasonable directions given to them by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or forfeiture of the Prize (as defined below).

 

  1. Winner selection and contact
    • One (1) winning Entry will be selected at random within one (1) week after the Prize Draw Period closes.
    • The competition will be open to boohoo, boohooMAN and On The Beach customers.
    • No correspondence will be entered into in respect of any decision made in connection with this Prize Draw.
    • The Promoter will contact the winner (“Winner“) via the Details provided at the time of entering the Prize Draw, within one (1) week of the Prize Draw Period closing. Once the Promoter has notified the Winner, the Promoter will provide the Winner’s Details to On The Beach.
    • If the Winner fails to respond to the Promoter within 48 hours of the Promoter contacting the Winner in accordance with clause 4, then the Promoter acting in its absolute discretion may:
      • make further attempts to contact the Winner; and/or
      • withdraw the Prize from the Winner.
    • If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter under clause 5.2:
      • the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner by random selection in accordance with this clause 3.
  1. Prize
    • The Winner will win one (1) voucher worth two thousand pounds (£2,000) (“Voucher“) for On The Beach for a trip to Ibiza. The Winner will also win £1000 store credit (“Store Credit“) to be spent at boohoo.com / www.boohooman.com provided by the Promoter, as well as one thousand pounds (£1,000) spending money (“Spending Money“).
    • The Voucher will be valid for redemption against one (1) trip to Ibiza only, comprising a flight and hotel only. The Voucher cannot be redeemed against flight only or hotel only bookings.
    • The Voucher must be redeemed by booking a holiday comprising a flight and hotel before 30th September 2019.
    • The Voucher has a maximum value of two thousand pounds (£2,000) only. Any cost above this amount is the responsibility of the Winner and must be paid in full at the time of booking. No alternative payment plan or method shall be available to the Winner in any circumstance.
    • The Voucher does not include travel insurance, or any other items or expense not specifically stated within the Prize description. All such costs and expenses will be the responsibility of the Winner.
    • The Winner is responsible for ensuring they hold a valid passport and any necessary visa to travel, hold all adequate travel insurance policies, and comply with any other Terms and Conditions applicable to the Prize.
    • The Voucher may only be redeemed through bookings made with On The Beach by telephone. The Winner must notify On The Beach that they wish to redeem their Voucher by emailing winners@onthebeach.co.uk before booking. The appropriate prize value will be deducted from the overall booking cost and the remaining amount must be paid in full at the time of booking by the respective Winner.
    • The Prize cannot be redeemed online. It may only be redeemed upon a telephone booking.
    • All bookings made to redeem the Prize are also subject to On The Beach’s separate Terms of Business, and the Terms and Conditions of the suppliers of the flights and accommodation. Copies of these terms can be found on On The Beach’s website.
    • Any fees or costs associated with or incidental to the acceptance or use of the Prize (other than delivery of the same in accordance with these terms) will be the responsibility of the respective Winner.
    • The Prize is subject to availability and the Promoter reserves the right to replace any of the prizes with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control make it necessary to do so.
    • The Store Credit will be credited to the Winner’s customer account on boohoo.com or www.boohooman.com within seven (7) days of the Winner accepting the Prize.
    • The goods that may be purchased with the Store Credit are subject to availability and the Promoter will have sole discretion in this respect.
    • The Spending Money will be made payable by bank transfer to a personal bank account in the name of the Winner only.
    • The Spending Money will be transferred within seven (7) days of the Winner providing their personal bank account details.
    • The Prize is non-transferable and non-refundable and the Winner cannot request any alternative prize (cash or otherwise).

 

  1. Winner publicity
    • The Promoter and On The Beach reserve the right to publish the Winner’s name on the Promoter’s and On The Beach’s official social media accounts, including Twitter, Instagram and Facebook and on their websites found at boohooMAN.com, www.boohooman.com and www.onthebeach.co.uk.
    • By entering the Prize Draw, if you are a Winner you agree to your Entry being published in accordance with clause 1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.

 

  1. Entry requirements
    • Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
    • The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.

 

  1. Use and display of Entries and copyright
    • The copyright subsisting in the Entry must belong to the Entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
    • By submitting an Entry:
      • you licence and grant the Promoter and On The Beach and their affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s and On The Beach’s websites, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
      • you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
      • you warrant that the Entry is your original work, has not been copied, in whole or in part, from any third party and you have full authority to enter the Entry in the Prize Draw and to the rights granted in these Terms and Conditions;
      • you acknowledge that third parties will have access to and will be able to republish your Entry in accordance with the terms of use of the social media platform through which your Entry is submitted.
  1. Liability
    • Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, On The Beach nor their agents or representatives assume responsibility for:
      • any Prize that is not redeemed;
      • any personal property;
      • any loss of enjoyment or wasted expenditure;
      • any system failures or malfunctions of any third party websites;
      • any incomplete, lost, delayed or late Entries;
      • any failure to fulfil obligations of any third parties involved in this Prize Draw;
      • any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
      • communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
      • inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
      • any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
      • if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
      • any other matter outside of their reasonable control.
    • Nothing in these Terms and Conditions affects your statutory rights.
    • To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
    • The Winner agrees to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
      • their Entry into this Prize Draw; and/or
      • their receipt and use of any Prize.
    • In any event, the liability of the Promoter and On The Beach is limited to the maximum aggregate value of one thousand pounds (£1,000).
    • Neither the Promoter or On The Beach are liable for any costs incurred by the Winner in the redemption of the Prize.
  2. General
    • The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter its website.
    • By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.
    • Any person who provides their Details to the Promoter in connection with this Prize Draw accepts:
      • these Terms and Conditions; and
      • the use of their personal data by the Promoter:
        • for the purpose of administration of the Prize Draw (including publishing the name of the Winners and any administration relating to the Prize); and
        • any other purpose for which they have consented.
      • Opt in data will be shared with boohoo, boohooMAN and On The Beach.
      • The use of any personal data by the Promoter shall be in accordance with the Promoter’s Privacy Policy which can be found on the Promoter’s website at https://www.boohooman.com/page/privacy-notice.html
      • The use of any personal data by On The Beach shall be in accordance with On The Beach’s Privacy Policy which can be found on On The Beach’s website at onthebeach.co.uk/privacy
      • Without prejudice to clause 1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
      • No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
      • If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
      • If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
      • No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
      • No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
      • For the name of the Winner or for a copy of these Terms and Conditions, please send a stamped addressed envelope together with your written request to On The Beach Prize Draw, Boohoo Marketing, 49-51 Dale Street, Manchester, M1 2HF.
      • The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.

 

  1. Force Majeure
    • Any party to these Terms and Conditions shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this agreement upon written notice, to the other party(ies) to these Terms and Conditions.

 

  1. Exclusion of Third Parties
    • Unless it expressly states otherwise, these Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. The rights of the parties to rescind or vary these Terms and Conditions are not subject to the consent of any other person.
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