24th May 2018
Welcome to Nix & Kix’s Terms and Conditions
Prize Promotion T&C’s
The terms and conditions set out below (the general terms) apply to all prize draws, competitions and other prize promotions (promotions) which we run. Each promotion will also have its own set of specific terms and conditions and these will be communicated to you as part of the promotion (either on-pack, online or by some other means) (the specific terms).
Together, the general terms and applicable specific terms comprise the promotion terms. By entering a promotion, you agree to be bound by the promotion terms. This means you should read and treat the general terms and applicable specific terms as one set of terms. However, if there is any contradiction or inconsistency between the two, the specific terms will take priority over the general terms.
The general terms:
1. Entry is open to all legal residents of the UK, Channel Islands and Isle of Man aged 16 or over, except: (i) our employees; (ii) the employees of any third party helping us with the promotion (e.g. our marketing agency).
2. We may carry out verification checks to confirm your eligibility to enter (including requesting proof of ID (e.g. a current passport or driver’s licence) or proof of address (e.g. a recent utility bill)). If you need to purchase one of our products to enter, you must retain your receipt and winning product for verification.
3. Please see specific terms for opening date, closing date and entry instructions.
4. You must submit your own entry. Bulk, group or third party entries will not be accepted. Entries submitted using automated entry software or any other mechanical or electronic means that enable a person to enter repeatedly will not be accepted.
5. We will have no responsibility for, and will not accept, any entries that are lost, delayed, incomplete, illegible, damaged or corrupted (including as a result of postal delays, technical issues with your mobile, tablet, computer or connectivity, or technical issues with our website). Proof of sending does not constitute proof of receipt.
6. If the promotion involves the submission of audio, video, text, images or other content, you must ensure your submission: (i) is not copied from a third party; (ii) does not otherwise infringe a third party’s intellectual property rights; (iii) does not feature any person (living or dead) without their permission; and (iv) does not contain any defamatory, obscene, offensive, hateful, illegal or otherwise unsuitable materials. You will retain any copyright which exists in your submission but, by entering, you grant us a non-exclusive, worldwide, perpetual licence to use your content in any media for our promotional purposes.
7. Please see specific terms for details of: (i) how we will select and notify winners; (ii) how winners will receive, or can claim, their prize; and (iii) any delivery timescales. Prizes will only be delivered within the UK, Channel Islands or Isle of Man. The odds of winning will depend on the number of eligible entries received.
8. Please see specific terms for prize details. We reserve the right to substitute any prize (or an individual aspect of a prize) for an alternative of equal or greater value where we deem it strictly necessary due to events outside our reasonable control. Winners may not transfer the right to accept their prize to another person without our consent. We will not offer cash alternatives to any prizes. Prizes are not negotiable.
9. Winners are responsible for any tax liability they incur as a result of accepting a prize. Winners are encouraged to seek independent financial advice before accepting a prize if the tax implications concern them.
10. Winners are responsible for all incidental costs incurred in enjoying their prize (unless those costs are expressly included as part of the prize). Winners are responsible for obtaining, both for themselves and any guests, any insurance cover which is required or advisable in order to enjoy their prize. Where a prize involves overseas travel, in addition to obtaining travel insurance, winners are responsible for obtaining, both for themselves and any guests, any necessary visas or clearances, and for obtaining health advice in relation to the travel destination.
11. We may, at our sole discretion, arrange for an alternative winner to be selected on the same basis as the original winner if: (i) the original winner fails to take any of the steps necessary to claim their prize as set out in the specific terms; (ii) we are unable to contact the original winner having made reasonable efforts to do so; (ii) the original winner fails any verification or eligibility checks; (iii) the original winner is disqualified in accordance with the promotion terms; or (iv) the original winner is unable to accept their prize for any reason.
12. We reserve the right to disqualify you if you fail our verification checks or we reasonably believe that you have: (i) breached any of the promotion terms; or (ii) otherwise cheated or jeopardised the integrity of the promotion.
13. We reserve the right to suspend, vary or cancel a promotion where we deem it strictly necessary due to events outside our reasonable control (including where technical issues are affecting the proper running of the promotion or where we suspect fraud). In these circumstances, we will do all we can to minimise any disappointment caused.
14. To the fullest extent permitted by law, we will not be liable to you for any loss, injury or damage which: (i) you suffer by entering a promotion; or (ii) you or your guest(s) suffer in the enjoyment of any prize. However, nothing will exclude or limit our liability in respect of personal injury or death caused by our negligence or for any fraud or fraudulent misrepresentation committed by us.
15. We may run a promotion via Facebook, Twitter, Instagram or another social media channel. If we do, you will need an account with that social media channel in order to enter. You acknowledge that any promotion run via a social media channel is in no way sponsored, endorsed or administered by, or associated with, that social media channel. By entering, you agree to release that social media channel from any and all liability in connection with the promotion. You also understand that any personal details you submit to enter a promotion or claim a prize (see condition 16 for more details) are provided to us and not to that social media channel.
16. We may ask you to supply personal details to enter a promotion or claim a prize (e.g. name, postal address, email address, date of birth etc). The details you submit must be true and up-to-date. By entering, you consent to us using your details in order to run the promotion (including sharing your details with any third party helping us with the promotion (e.g. our marketing agency)). Please see specific terms for information about how else we may use your details. Winners also specifically consent to: (i) us disclosing their name and county as per condition 17; and (ii) taking part in unpaid publicity (e.g. being filmed or taking part in an interview and/or a photo-shoot) which we may use in any media for our promotional purposes. If you do not consent to any of this, please do not enter our promotion. If your details change during a promotion, it is your responsibility to notify us otherwise you may miss out on a prize.
17. Please write to “FAO: Nix & Kix Marketing Team – [Insert Promotion Name]” at the address below within 3 months of the applicable closing date for the names and counties of major prize winners.
18. Our decision in relation to all matters relating to our promotions will be final.
19. Promoter: Nix & Kix Ltd, 86-90 Paul Street, London EC2A 4NE
Note: We may update the general terms from time to time. You should check this page regularly to ensure you are up-to-date because any changes will apply from the date they are made.