Terms & Conditions

TERMS AND CONDITIONS

UK

These Terms and Conditions (“Terms“) are applicable to the promotion (“Promotion“) as set forth in Articles 3 and 4 which is offered by WNWN having its registered office in Number One Vicarage Lane, London, E15 4HF and/or one of its affiliated companies (collectively referred to herein as “WNWN”).[EM1] By participating in the Promotion you unconditionally agree to the applicability of these Terms and any general terms of social media platforms ­­– including but not limited to Instagram – which may remain fully applicable in addition to these Terms.

Article 1 – General

1.1        Entry is open only to residents of UK who are at least 18 (eighteen) years of age at the time of entry.

1.2       Persons younger than 18 (eighteen) years of age require parental consent or consent of a legal guardian in order to participate in the Promotion.

1.3       Anyone directly professionally connected to the selection of the winner(s) of the Promotion is ineligible to enter this Promotion.

1.4       1 (one) entry equals one tag.

1.5       WNWN Privacy Policy, which can be consulted online at https://www.wnwnfoodlabs.com/policies/privacy-policy are applicable to the Promotion in so far as not explicitly provided otherwise in these Terms.

1.6       WNWN is entitled to modify these Terms during the Promotion Period without prior notice to participants.

1.7        Modifications of these Terms by WNWN will be published on @winwinchoc Instagram bio at https://www.instagram.com/winwinchoc/ where you have the ability to save and/or print a copy of the Terms.

1.8       This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

Article 2 – Data

2.1       To be able to win the competition and enable WNWN to communicate with you, you can be asked to provide personal data to WNWN (e.g. name, (e-mail) address, (mobile) phone number).

2.2       You guarantee that all the information provided by you is correct, accurate and complete. Participants who provide incorrect information may be discounted from the Promotion.

2.3       During your visit to the WNWN website data could be obtained by using a cookie file which is stored on the hard drive of your computer. WNWN  website uses cookies to distinguish you from other users of our website. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. This however can negatively influence the website’s performance. For detailed information on the cookies we use and the purposes which we use them for see our Cookie policy, which can be consulted online at https://www.wnwnfoodlabs.com/policies/privacy-policy

2.4       The data you provide to WNWN shall be collected and processed only to the extent and in such a manner as is necessary for the purposes specified in these Terms. WNWN will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with WNWN privacy policy. WNWN shall not sell or transfer your personal data to third parties which are no part of the WNWN Company without your prior consent.

2.5       WNWN can collect and process personal data for the following purposes:

a.   to carry out obligations arising from any agreements entered into between you and WNWN

b.   to carry out any other (legal) obligations;

c.    to provide you with information, products or services that you request from WNWN or which WNWN thinks may interest you, where you have explicitly consented to be contacted for such purpose, in particular regarding the Promotion, other promotional games of chance or special offers; or

d.   to deliver the available prize to the winner.

2.6      WNWN will take all appropriate security measures to protect your personal data against loss, damage or unlawful or unauthorized processing.

2.7       You are entitled to make a formal request for the information that WNWN holds about you. Furthermore, you have the right to require WNWN to modify or delete personal data. You can exercise these rights at any time by contacting WNWN customer service, see Article 9 for contact details.

2.8      Personal and computer data can be connected to a computer or an IP (Internet Protocol) address to make it easier for you to require information from WNWN or to participate in future promotional games of chance. Only computer data, not being personal data, shall be used for tailoring promotional games of chance to your preferences.

2.9       When parental consent or consent of a legal guardian has been given for participation by persons younger than 18 (eighteen) years, WNWN shall only use personal data needed for participation in the Promotion.

Article 3 – Prize DETAILS

3.1  As a participant in the Promotion you can win either; one ‘nice’ kit of WNWN cocoa-free choc and brussels sprouts, or one ‘naughty’ kit of coal and WNWN choc.

Article 4 – Promotion

4.1 To enter, you must

·      Follow @winwinchoc Instagram page

·      Like the competition post

·      Tag a friend in the comments section.

Both you and your tagged friend’s Instagram account must be active (private or public accounts allowed). Spam accounts will be discounted from entry . You must participate in all steps to enter into the competition. All entrants must be 18+ years old and be UK residents.

4.2  This promotion will run from 12pm 6.12.23 to 23:59 13.12.23  (the “Promotion Period“).

4.3  All competition entries must be received by WNWN by no later than 23:59 13.12.23 . All entries received after this moment are automatically void.

4.4  The prize winner will be selected at random using a random generator tool. WNWN decision is final and binding and no correspondence will be entered into.

4.5       The winner of the Promotion will be contacted by direct message on Instagram within 14 calendar days and asked to provide contact information, including but not limited to, telephone and/or home address, and/or e-mail.

4.6       Winners can only win once during the Promotion Period.

4.7       The Prize is personal to the winner. The Prize cannot be returned, is non-assignable and non-transferable.

4.8      The Prize will be sent to the address provided by the winner and within 4 (four) weeks after the end of the Promotion Period.

4.9       WNWN will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, WNWN reserves the right to offer the Prize to a new selected winner.

4.10    WNWN reserves the right to offer an alternative Prize of equal or greater value should the original Prize offered become unavailable for reasons beyond its control.

4.11     Prizes will be delivered only to an address in the UK.

4.12    Any betting and gaming taxes or levies due upon the award of the Prize pursuant to the tax laws of the jurisdiction where a taxable event for such tax purposes is deemed to take place will be borne by WNWN to the extent permitted by law. All forms of other foreign, domestic or local taxes (including but not limited to individual income taxes) that may be imposed or assessed by any relevant jurisdiction as a result of participation of the Promotion or the award of Prize(s) shall be borne by and for the account of the relevant winner of the Prize(s) and/or the participant.

Article 5 Shipping costs of Prize

5.1       All reasonably incurred costs related to shipment of the Prize (including VAT) will be paid by WNWN

5.2       The Prize will be sent to the address provided by the winner within 4 (four) weeks after the end of the Promotion.

Article 6 – Liability

6.1       You agree that participation in the Promotion is at your own risk.

6.2       You declare that you are the sole owner of the intellectual property rights of all materials and information, such as but not limited to copyright, designs, recipes and pictures and irrespective of the method of submission (e.g. orally, electronically or in writing), submitted to WNWN in connection with the Promotion (“Materials“). You also declare that the Materials do not infringe any third party rights and are not otherwise unlawful. You indemnify WNWN for any third party claims regarding the Materials.

6.3       In the event that Materials infringe any third party rights or is otherwise unlawful, WNWN is entitled to disqualify your entry and to hold you liable for any damages caused as a result.

6.4       WNWN will in any circumstances not be responsible or liable for any Promotion entries and any Materials.

6.5       WNWN will in any circumstances not accept any liability for any loss or damage, direct and/or indirect, in connection with the Promotion, including but not limited to:

a.   the Prize sent by WNWN;

b.   the cancellation, interruption, or alteration of the Promotion;

c.    the unlawful use of any used systems by third parties.

Article 7 – Intellectual property

7.1        “Intellectual Property” means any patents, patentable rights, rights in inventions, utility models, plant varieties, moral rights, personality rights, trademarks, trade dress, goodwill, business names, company names, domain names, copyright, design rights, rights in data, database rights, rights in know-how, specifications, recipe formulations, trade secrets and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country (whether or not registered, whether present, future or contingent, and including without limitation all renewals, extensions, revivals or accrued rights of action) and all pending applications for and right to apply for or register the same.

7.2       Intellectual Property, including but not limited to copyrights are the sole and exclusive property of WNWN and shall vest in WNWN.

7.3       To the extent legal title to all such Intellectual Property does not automatically vest in WNWN, you hereby transfer and assign to WNWN which transfer and assignment is hereby accepted all worldwide right, title and interest in and to any such Intellectual Property.

7.4       In so far as possible by law, you hereby waive and agree never to assert against WNWN Intellectual Property to claim authorship, object or prevent modification, or control the publication or distribution with respect to any works protected by Intellectual Property.

7.5       To be complete, WNWN or its sublicencee is entitled to shorten, alter or remove any Materials in its sole discretion without (prior) notice and/or consent by you.

7.6       By participation in the Promotion you give WNWN the right to use your name and/or Materials on, included without limitation:

a.   Prize; and/or

b.   WNWN website and social network pages including but not limited to Twitter, Instagram and Pinterest.

7.7       Hyperlinking to the Promotion is permitted provided that the following conditions are held:

a.   A hyperlink can only be used to link to the homepage of the Promotion;

b.   Advertisements, copyright notices and other notifications on the homepage of the Promotion are not hidden;

c.    Suggesting or mentioning that WNWN sponsors or supports your website is not allowed;

d.   Hyperlinks are removed promptly if requested by WNWN

Please also check the applicable conditions of your website provider.

Article 8 – Rights of BRAND

8.1       WNWN reserves the right to disqualify any entry which has not been made in compliance with these Terms or any applicable legal obligation, without prior notice and to its own discretion, without being liable for any possible damages. WNWN decision will be final and binding in all matters and no correspondence will be entered into.

8.2      WNWN reserves the right to select (an) alternative winner(s) in the event that any winner(s) have/has contravened any of these Terms.

8.3      WNWN reserves the right to cancel, suspend, or amend the Promotion without prior notice and at its own discretion, without being liable for any possible damages, to the extent permitted by applicable law.

8.4      The Promotion entry and any accompanying material can be used for private use without prior consent by WNWN

8.5       Unauthorized modification of software applications used for the Promotion without prior consent by WNWN (‘hacking’) is prohibited. WNWN will hold you liable for any damage suffered by WNWN in this respect.

8.6      The Promotion or the Prize may not be used to:

a.   voice political, religious, violent, sexual or racist opinions which are unlawful or are contrary to good morals;

b.   offend, tease, discriminate or make any sexual allusion;

c.    place harmful software (e.g. viruses or worms) on WNWN software;

d.   damage WNWN good name;

e.   infringe the (intellectual property) rights of third parties.

Article 9 – Release

9.1          You hereby release and discharge WNWN, and its agents, representatives and assignees from any and all claims and demands arising out of or in connection with the use of your name, likeness, voice, image, and/or appearance, including any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation. This release shall be binding upon you, your heirs, legal representatives, and assigns.

Article 10 – Contact Details

10.1       If you have any queries, remarks or complaints on the Promotion or these Terms, please contact:

Attn. Adam Partridge

adam@wnwnfoodlabs.com

Article 11 – Miscellaneous

11.1   If and to the extent that any provisions of these Terms are not legally valid or are declared void or unenforceable by any court, the other provisions of these Terms shall not be effected.

11.2  These Terms shall be governed by the laws of England & Wales.

11.3  All disputes arising in connection with these Terms and/or the Terms shall be submitted to the exclusive jurisdiction of the courts of England & Wales.