VAILLANT GROUP UK LIMITED - 100 CREDIT GIVEAWAY myVAILLANT PRO SURVEY
TERMS AND CONDITIONS (the "Conditions")
The following Conditions are a legal agreement between you and the Promoter ("Promoter") set out in the Schedule 1: Particulars ("Particulars").
1. QUALIFICATION
1.1 Subject to clauses 1.2, 1.3, 1.4 and 1.5 below, the opportunity to win the prize set out in the Particulars ("Prize") is open to applicants, over the age of 18 years, who are resident in mainland United Kingdom ("Promotion"). For the avoidance of doubt, mainland United Kingdom excludes, without limitation, the Channel Islands, Isle of Man and/or Northern Ireland ("Territory") ("Applicant", and the terms "Applicants" shall be interpreted accordingly).
1.2 The Promotion is not open to any Applicant who is at any time during the period indicated in clause 1.3 below, an employee of:
(a) the Promoter; or
(b) any other member of the Promoter's group of companies; or
(c) any marketing services agency, handling house or other company involved directly with the administration of the Promotion,
or any member of any of such employees' households.
1.3 The Promotion is open only during the period set out in the Particulars ("Period"), unless such Period is extended or terminated by the Promoter at any time.
1.4 To qualify for the Promotion, the Applicant must, in the Territory and during the Period:
(a) be an installer who is registered with and appears on the Gas Safe Register;
(b) be a sole trader or a company; and
(c) comply with all the qualification conditions for the Promotion set out in the Particulars (the "Qualification Conditions").
("Entry", and the terms "Entries", "Entrant" and "Entrants" shall be interpreted accordingly).
1.5 An Applicant can only enter the Promotion once during the Period.
2. THE PROMOTION
2.1 The Entrant may be required, upon request by the Promoter at any time, to provide further documents:
(a) in support of their Entry; and/or
(b) in accordance with these Conditions (including, but not limited to, as required under clauses 1.4 and/or 4.3).
2.2 Any Entry made outside the Period will be deemed invalid for the Promotion.
2.3 Early, late, illegible, incomplete, invalid, defaced or corrupt Entries will not be accepted. An Entry made using a different method or technique from the method set out in clause 1.4 above will not be accepted. No responsibility can be accepted where any Entry is not validly registered for any reason.
2.4 The Promoter will be entitled to collect, store and use the email address, name, telephone number and address of the Entrant from any registration details obtained, in accordance with these Conditions and the Promoter's privacy policy, as provided from time to time by the Promoter at its website set out in the Particulars ("Website").
2.5 If required, the Promoter will be entitled to share the delivery details of the Entrant with a courier of the Promoter's choice or another third party.
2.6 By making an Entry, Entrants agree to be bound by these Conditions.
2.7 The Promoter reserves the right to change the Qualification Conditions for the Promotion. The Promoter shall exercise reasonable endeavours to notify the Entrant of any such changes and shall do so via the Website.
2.8 The Promoter reserves the right to amend or cancel the terms of the Promotion without notice.
2.9 The Promoter regrets that it is unable to accept or send any other correspondence concerning the Promotion other than as set out in these Conditions.
3 PRIZE DRAW
3.1 The maximum number of potential winning Entrants is set out in the Particulars.
3.2 The method of selecting the winning Entrants is set out in the Particulars ("Prize Draw Method").
3.3 The winning Entrants will be notified via the method set out in the Particulars.
4 THE PRIZE
4.1 Every Entrant who submits a qualifying Entry in accordance with clause 1.4 during the Period will be given the opportunity to win the Prize.
4.2 The Prize is non-transferable.
4.3 Each winning Entrant must:
(a) provide the Promoter with any contact details requested by the Promoter;
(b) provide any other documents and/or other necessary information, requested by the Promoter from time to time; and
(c) comply with the requirements in the Prize conditions set out in the Particulars.
4.4 If a winning Entrant:
(a) fails to provide all relevant documents to the Promoter in accordance with clause 4.3 above; or
(b) in any other way contravenes these Conditions,
then the winning Entrant's Prize will be forfeited. Any winning Entrant who forfeits their Prize will not receive any payment or compensation of any kind.
4.5 The Prize will be delivered to the winning Entrant following the delivery conditions set out in the Particulars after the Entrant supplies the Promoter with the information under clause 4.3 under these Conditions.
4.6 It is the Entrant's responsibility to ensure that the contact details provided to the Promoter in accordance with clause 4.3 are accurate. The Promoter accepts no responsibility for delivery to the wrong address in the event the Entrant failed to provide accurate details.
4.7 The decisions of the Promoter in respect of any and all aspects of the Promotion will be final and binding.
5 PRIVACY, COPYRIGHT AND INTELLECTUAL PROPERTY
5.1 The Promoter may keep the Entrant informed of the Promoter's products and services by email, post and/or telephone, in accordance with:
(a) the consents provided by the Entrant in accordance with the terms & conditions applicable to all users of the applicable social media pages;
(b) the consents provided by the Entrant to the Promoter from time to time; and
(c) the Promoter's privacy policy, as set out on the Website from time to time.
5.2 The Entrant may write to or email the Promoter at the address provided in the Particulars if they do not want to receive any information in accordance with clause 5.1 above.
5.3 The Entrant expressly authorises the Promoter to provide the Entrant’s details to third parties, as needed to comply with these Conditions, and/or any applicable law.
5.4 The Entrant acknowledges that the Promoter and/or other members of its group of companies are the owner of any and/or all Intellectual Property Rights relating to the names, logos, trademarks, products, services, get-up, van livery, trade dress, labels, stickers, leaflets, flyers and posters used in the Promotion from time to time ("Marketing Materials"). For the avoidance of doubt, in these Conditions, Intellectual Property Rights means any and/or all patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
5.5 The Entrant acknowledges that any Marketing Materials provided to the Entrant by the Promoter, any member of the Promoter's group of companies, any other marketing services agencies, handling houses or other companies involved directly with the administration of the Promotion in accordance with these Conditions, may contain Intellectual Property Rights. The Entrant’s licence, if any, to use any such Marketing Materials and/or any of the Intellectual Property Rights in them, is solely for the Entrant’s benefit and may be revoked at any time and the Entrant is prohibited from sub-licensing, assigning, transferring and/or dealing with any such Intellectual Property Rights and/or Marketing Materials in any way.
5.6 The Intellectual Property Rights in the Promoters name and logo are owned by Vaillant GmbH, a company registered in Germany whose registered office is Berghauser Str. 40, Remscheid, Germany, 42859.
6 LIABILITY
6.1 Nothing in these Conditions shall limit or exclude the Promoter’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
6.2 Subject to clause 6.1 above:
(a) the Promoter shall under no circumstances whatever be liable to any Applicant or Entrant in respect of this Promotion, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Promotion;
(b) the Promoter shall under no circumstances whatever be liable to a winning Entrant in respect of the choice, quality, relevance and/or appropriateness of the Prize, and/or any injury or damage caused by or arising from their use of the Prize; and
(c) the Promoter's total liability to any Entrant in respect of all other losses arising under or in connection with any Entry made under the Promotion and/or the Prize, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Prize.
6.3 Each Entrant shall keep the Promoter indemnified against all liabilities, costs, expenses, damages and losses (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered and/or incurred by the Promoter as a result of or in connection with any claim made against the Promoter by a third party arising out of or in connection with the Promotion, to the extent that such claim arises out of or is contributed to by the breach by the Entrant and/or its employees, agents or subcontractors of these Conditions.
6.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Conditions.
6.5 The Promoter is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that this prevents the Entrant from or otherwise obstructs the Entrant from participating in the Promotion.
6.6 The Entrant shall be liable for any and/or all taxation liabilities that may arise under or in accordance with the Promotion ("Tax Liability"). For these purposes, Tax Liability shall include any and/or all of the following:
(a) income taxes, including any taxes arising from benefit in kind taxes;
(b) National Insurance; and
(c) any other relevant United Kingdom taxes; and/or
(d) any other relevant corporate tax or other tax liabilities.
7 FRAUD AND OTHER EVENTS
7.1 The Promoter reserves the right to audit each Entry to ensure that these Conditions have been met and to request reasonable additional information, and supporting documents, regarding an Entry.
7.2 The Promoter reserves the right to modify or discontinue, temporarily or permanently, the Promotion with or without prior notice due to reasons outside its control including, but not limited to, anticipated, actual or suspected fraud.
7.3 The Promoter shall not be liable for any failure to comply with these Conditions where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, acts of God, adverse weather, fire, flood, computer virus, mobile phone failures, bugs, sabotage, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion or unrest, terrorism or supervening legislation. Accordingly, the Promoter may, at its absolute discretion, vary or amend the Promotion and the Entrant agrees that no liability shall attach to the Promoter as a result.
7.4 Submission of a false, incorrect, misleading or fraudulent Entry, information or other supporting documentation may result in disqualification from this Promotion and/or all future promotions run by the Promoter and in the Entrant being subject to prosecution.
8 GENERAL
8.1 The parties agree that the Conditions constitute the entire agreement between them, and supersede all other drafts, agreements, arrangements and understandings between them in relation to its subject matter, and any terms contained in any of the Marketing Materials.
8.2 The Promotion and these Conditions shall be governed by the law of England and Wales.
8.3 The Entrant and the promoter irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales. However, if the Entrant is a consumer and is resident in Scotland, the Entrant may also bring proceedings in Scotland.
8.4 Applicants and/or Entrants should not send requests to enter the Promotion to any address set out in these Conditions, as they will not qualify for the Promotion and will not be responded to.
8.5 For questions regarding the status of an Entry get in touch via the email address set out in the Particulars.
8.6 These Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional material.
Please retain a copy of these Conditions for your reference.
SCHEDULE 1: PARTICULARS
Clause in Conditions | ||
---|---|---|
Used throughout | Promoter (s) | Vaillant Group UK Limited |
Used throughout | Promotion | myVAILLANT Pro Survey |
Used throughout | Prize(s) | Every qualifying entrant will receive 100 credits to their Advance account |
Clause 1.3 and used throughout | Period | 1 March 2022 until 31 March 2022 |
Clause 1.4(c) | Qualifying Conditions | To qualify for the 100 credits the Entrant must: a) Complete the myVAILLANT Pro Survey b) Have a Vaillant Advance account |
Clause 2.4 and used throughout | Website | www.vaillant.co.uk |
Clause 3.1 | Number of Winning Entrants | N/A |
Clause 3.2 | Prize Draw Method | N/A |
Clause 3.3 | Winner Notification Method | N/A |
Clause 4.3(c) | Prize Conditions | • Provide confirmation of the Vaillant Advance membership. • Provide evidence of their registration on the Gas Safe Register |
Clause 4.5 | Delivery Conditions | N/A |
Clause 5.2 and 8.5 | info@Vaillant.co.uk |