Terms & Conditions - social competition
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim 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.
1. The Promoter: Brothers Drinks Co. Ltd, Showerings Cider Mill, Shepton Mallet Somerset, BA4 5ND
Eligibility:
2. This prize promotion is open to residents of Great Britain (England, Scotland and Wales), excluding Northern Ireland, aged 18 years or over, excluding employees and their immediate families of The Promoter, associated agents or anyone professionally connected with the prize promotion.
Promotional Period:
3. Promotional Period: The promotional period is specified in the related social media post.
Entry instructions:
4. To enter the promotion, you must follow the instructions on the related social media post via Instagram, Facebook or X.
5. The entry instructions form part of the terms. By entering, you agree to accept and be bound by the terms.
6. No third party or bulk entries. Incomplete or illegible entries or via third parties or syndicates, entries by macros or other automated means and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the Promoter, using a computer(s) or multiple aliases for example, the use of 'script', 'brute force', masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that participant's entries or otherwise acting in violation of these terms, these participants will be disqualified and any prize entitlement will be void.
7. Incomplete, illegible, misdirected or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.
8. Winner selection: The method of winner selection will be specified in the related social media post. Promotions may be operated either as:
8a. a Prize Draw, where eligible entries will be entered into a free prize draw and the winner(s) will be selected at random; or
8b. a Judged Competition, where eligible entries will be assessed against the judging criteria specified in the related social media post and/or these Terms and Conditions.
Where a winner is selected by random draw, the draw will be conducted using a verifiably random computer process or by, or under the supervision of, an independent person.
Where a winner is selected through subjective judging, the judging will be carried out by an independent judge or a judging panel that includes at least one demonstrably independent member.
Prize Fund:
9. Prize Fund: The number and nature of the prize(s), including any material restrictions, will be specified in the related social media post. Unless expressly stated otherwise, prizes are non-transferable and there is no cash alternative. Unless otherwise stated in the related social media post, prizes will be dispatched or made available to winners within 30 days of the closing date.
Selection and Notification of Winners:
10. For a Prize Draw, the winner(s) will be selected at random from all valid eligible entries in accordance with clause 8.
For a Judged Competition, the winner(s) will be selected based solely on the judging criteria stated in the related social media post. The specific criteria applicable to each Judged Competition will be communicated before or at the time of entry.
Where judging is subjective, an independent judge or a judging panel containing at least one independent member will participate in the selection process. The independent judge or panel member will be demonstrably independent from the Promoter, any intermediaries involved in administering the Promotion and the pool of entrants, and will be competent to judge the Competition. Their full name will be made available on request.
In the event of a tie in a Judged Competition, the independent judge or independent panel member will determine the winning entry by applying the stated judging criteria.
The winner(s) will be notified via the social media platform used to enter, on or by the date stated in the related social media post. Winners may be asked to provide their full name, delivery address, proof of age and/or proof of eligibility in order to claim their prize.
10a. Claiming the prize: Unless otherwise stated in the related social media post, a winner must respond to the Promoter’s winner notification within 7 days of it being sent. If a winner does not respond within that period, cannot be contacted, is unable to provide satisfactory evidence of eligibility, or is otherwise found to be ineligible, the Promoter reserves the right to withdraw the prize and select an alternative winner using the same selection method and, where applicable, the same judging criteria as the original Promotion.
11. If required, it is the responsibility of the entrant to provide correct, up-to-date details when entering the prize promotion and acceptance of the prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
General:
12. Subject to the involvement of any independent judge or independent person required under these Terms, the Promoter’s decision regarding the administration of the Promotion is final and binding. No correspondence will be entered into regarding the selection of winners, except where required by law or the applicable advertising codes.
13. Prize must be accepted as offered by the named winner. There is no cash or alternative prizes, in whole or part. The prize is not transferable and cannot be resold.
14. The Promoter reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
15. We reserve the right to verify winners and ask for proof of identity, age and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
16. The Promoter may invite winners to participate in reasonable publicity relating to the Promotion. Any use of a winner’s personal information or image for publicity purposes will be handled in accordance with applicable data protection law and the Promoter’s Privacy Policy.
17. The Promoter will make available information indicating that a valid award took place. Unless a winner objects, this will normally consist of the winner’s surname and county and, where applicable, their winning entry. This information can be obtained by emailing info@brothersdrinks.co.uk within three months of the closing date of the relevant Promotion.
Entrants may object to the publication or availability of their information, or request that the amount of information made available is reduced, by contacting the Promoter. In such circumstances, the Promoter may nevertheless provide the winner’s details and winning entry to the Advertising Standards Authority if required to demonstrate that a valid award took place.
18. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these terms and conditions or the spirit of the Promotion. Those who try and circumvent the entry process and/or entry instructions by any method, will be disqualified and any prize award will be void.
19. Entry content: Where a Promotion requires entrants to submit a caption, comment, photograph, video or other creative material, entrants confirm that their entry is their own work, that they have the right to submit it and that it does not infringe the intellectual property, privacy or other rights of any third party.
Entrants retain ownership of their entry. By entering, entrants grant the Promoter a non-exclusive, royalty-free licence to reproduce, publish and share the entry for the purposes of administering and publicising the Promotion, including on the Promoter’s website and owned social media channels.
Entries which the Promoter reasonably considers unlawful, offensive, discriminatory, defamatory, sexually explicit, threatening or otherwise inappropriate may be disqualified.
20. Entry into the Promotion is at the entrant's sole risk. To the extent permitted by law, the Promoter does not accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or accepting a prize. The Promoter further disclaims liability for any injury or damage to entrants or any other person relating to or resulting from participation with this Promotion save that nothing in these terms and conditions shall act to limit or exclude the Promoter's liability resulting from its negligence or fraud. If for any reason, the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), the Promoter reserves the right to disqualify any individual who tampers with the entry process and, where necessary, take the steps set out in clause 23.
21. If an act, omission, event or circumstance occurs which are 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.
22. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or prizes. The Promoter or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of The Promoter or its agencies.
23. The Promoter reserves the right to cancel, suspend or amend a Promotion only where exceptional circumstances outside its reasonable control make this unavoidable. Any change will be made in accordance with applicable law and advertising codes and, where reasonably practicable, will not materially disadvantage entrants who have already participated. The Promoter will take reasonable steps to communicate any necessary changes to entrants.
24. These Terms and Conditions are governed by the laws of England and Wales. If you are resident in Scotland, you may also bring proceedings in the Scottish courts. Nothing in these Terms affects any mandatory rights you have under applicable consumer law.
25. The Promoter will process entrants’ personal data for the purposes of administering the Promotion, verifying eligibility, contacting winners and fulfilling prizes. Personal data may be shared with third-party service providers where necessary to administer the Promotion and fulfil prizes. Personal data will be processed securely and in accordance with applicable data protection law, including the UK GDPR and the Data Protection Act 2018, and in accordance with the Promoter’s Privacy Policy.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, X or Instagram.
