Toque d’Or Digital Awards 2020 Prize Draw Terms & Conditions

Wednesday, September 9, 2020

FULL TERMS AND CONDITIONS

These Terms and Conditions (the “Terms and Conditions”) prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of these Terms and Conditions and by participating all participants will be deemed to have accepted and be bound by them. Please retain a copy for your information. The Promoter takes data protection seriously. 

By entering this promotion, participants confirm that they have read the Promoter’s Privacy Policy and agree to these Terms and Conditions of the promotion. By submitting any information required as part of their participation into the campaign, participants agree to their information being held and processed in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

  1. Open to UK, CI & IoM residents aged 18 or over, excluding employees of Nestlé UK Ltd and their immediate families, its agents or anyone else professionally connected with the promotion.
  2. Only one entry per person via Instagram throughout the duration of the promotion. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to circumvent this clause by tampering with the operation of the promotion, setting up multiple accounts, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the terms and conditions; or to be acting in any manner deemed by the Promoter to be disruptive. 
  3. No purchase necessary.
  4. There is one (1) prize available to be won in total consisting of a 1 x Vertuo Next Dark Chrome NESPRESSO machine

HOW TO ENTER: Participants may:

  • Entrants will require an Instagram account to enter and must ensure that their entries are set to ‘Public’ or ‘global’. Participants who do not already have an Instagram account may open one at www.instagram.com, by following the instructions and reading the relevant Terms and Conditions. 
  • Enter via Instagram by posting a comment on the official promotional post with the names of the Toque D’Or winners and the hashtags #toquedordigital and #MyNespressoMoment for a chance to win one NESPRESSO machine. Entrants must ensure their account is set to ‘Global’ or ‘Public’ to allow their entry to be included in the prize draw. The winner will be drawn at random from all valid entries made via Instagram by 17:00 on 17/09/2020.  The winner’s Instagram names will be announced/tagged in the original promotion post. The winner will be required to private message the Promoter within five (5) working days of the winner notification with their contact details to arrange their prize. 
  • By participating entrants understand and agree to their comments being publicly displayed on @nestletoquedor official Instagram page.  Such entries may be attributed to the original entrant using their name as provided with their entry, or as shown on their Instagram account. 
  • Comments must not infringe the copyright or other intellectual property rights of any third party. The Promoter reserves the right to remove any comments it deems to be:

i. Violent, negative or/and discriminative of any ethnic, racial, gender, religious, professional or age group, or be profane or obscene; 
ii. Promote or be about the use of illegal drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous, or any particular political agenda or message;
iii. Be offensive or be about hate;
iv. Defame, misrepresent or contain negative remarks about the Promoter or its products, other people, products or companies;
v. Contain trademarks owned by others or advertise or promote any brand or product of any kind, without permission; 
vi. Contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples") without permission;
vii. Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission; 
viii. Communicate messages or images inconsistent with the positive images and/or goodwill to which the Promoter wishes to associate;
ix. Depict, and cannot itself be in, violation of any law.

  1. The Promoter reserves the right at its sole and absolute discretion to immediately and permanently remove any comments or posts that it deems to be distasteful, degrading or will in any way cause offence. Comments should not mention or tag another person other than the Toque D’Or winner, except where the entrant has obtained express permission to publicly share the name or Instagram handle of another person. All entries must conform to Instagram guidelines and terms and conditions.  
  2. The winner will be drawn at random by an independent third party from all valid entries received by the stated closing date. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to tamper with the operation of the promotion, setting up multiple accounts, aliases, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the terms and conditions; or to be acting in any manner deemed by the Promoter to be disruptive. Bulk, trade, agencies, or third party or automated entries are not permitted and will be disqualified.
  3. The Promoter reserves the right to remove any entrant from the prize draw whose social media name or photo it deems to be offensive, or it believes may cause offence to other participants.  
  4. Prize draw closes at 17:00 on 17/09/2020. Participation is via the method as outlined in Clause 4 above only. No postal or other entry method is available. 
  5. The prize draw will take place using an independently verified random computer number generator within 48hrs of the prize draw closing date and the winner notified via Instagram only. Whilst all reasonable steps will be taken to contact the winner, if this cannot be achieved within a further five (5) working days, the Promoter reserves the right to cancel the prize entitlement and award the prize to a reserve winner who will be drawn at the same time as the original winner. If the reserve winner does not respond within 28 days of being notified, the prize entitlement will be withdrawn, and the prize removed from the promotion.   
  6. The Promoter reserves the right to withdraw or amend this promotion in the event of any unforeseen circumstances outside its reasonable control but will use all reasonable endeavours to minimise the effect to participants to avoid undue disappointment. This promotion and these terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts. The decision of the Promoter in all matters connected to this draw is final and binding.  
  7. To the fullest extent possible in law, neither the Promoter nor agencies involved in this promotion will be liable for any loss or damage whatsoever caused by matters relating to this promotion.
  8. Promoter reserves the right to verify the winner and to refuse to award the prize or withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this promotion’s entry requirements or otherwise where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means.
  9. By taking part in the promotion, the winner agrees that the Promoter may contact them to ask whether they want to participate in marketing activities/PR relating to this promotion only. 
  10. Subject to the Promoter’s Privacy Policy which can be found at https://www.nestle.co.uk/en-gb/privacypolicy, the surname and county of the verified winner will be available upon request by sending an email to: [email protected] with the subject line “WINNER’S LIST: NESTLÉ TOQUE D’OR DIGITAL AWARDS/INSTAGRAM PRIZE DRAW” for a period of 3 months following the end of the promotion. If the winner objects to their information being published, then they can contact the Promoter by emailing: [email protected] with the subject line “WINNER’S LIST: NESTLÉ TOQUE D’OR DIGITAL AWARDS/INSTAGRAM PRIZE DRAW”. 
  11. Data Protection: The Promoter will only use the personal details supplied for the administration of the promotion and the auditing of the entries where necessary and for no other purpose, unless we have your consent and you have opted-in to receive future marketing communications or prize PR. As part of this promotion, if you are not opted-in into our general marketing email, you will still receive emails/messages for this promotion only to let you know if you have won. The surname and county of the verified winner will be made available as set out in paragraph 14 above and the winners can object to this by emailing: [email protected]. Otherwise, your personal details will at all times be kept confidential, and in accordance with the General Data Protection Regulation (GDPR). Click here for the Promoter’s Privacy Policy https://www.nestle.co.uk/en-gb/privacypolicy. You can request access to your personal data, or have any inaccuracies rectified, or request deletion of data by sending an email to: [email protected]. By participating in the promotion, you agree to the use of your personal data as described here. You can withdraw your consent at any time. For the purpose of this promotion, requests to delete personal data can only be actioned after the promotion has concluded.
  12. No responsibility can be accepted for any entries that cannot be made, are incomplete, corrupted, delayed or are not received for any reason whatsoever. The Promoter cannot assume any responsibility or liability for: 
  • Any faulty or failed electronic data transmissions. 
  • Communications line failure, regardless of cause, with regard to any equipment, networks, lines, satellites, servers, computers or providers used in any aspect of the promotion. 
  • Any unauthorised access to the operation of this promotion. 
  • Inaccessibility or unavailability of the internet, Instagram, or any combination thereof. 
  1. All normal Internet connection charges associated with the submission of an entry to the promotion shall be the entrant’s responsibility.
  2. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram; and Instagram shall be liable in anyway whatsoever to the participants. Furthermore, any questions, comments or complaints regarding the promotion will be directed to the Promoter only.  
  3. Any person posting, or seen to be posting, comments to the @nestletoquedor social media pages or elsewhere during the promotion that are considered bullying, spiteful or upsetting to other participants, fans of ‘Nestlé Toque D’Or’ or directly aimed at the Promoter, will have their comments removed and will be disqualified from the promotion. The Promoter reserves the right to alert Instagram to any such behaviour, which may result in the person’s account being frozen pending investigation.
  4. Privacy Policy

As the promotion is run using Instagram, their privacy policy will apply. See Clauses 15 above for the Promoter’s Privacy policy. 

  1. To ensure fairness and the integrity of the promotion to all participants, the Promoter will not enter into discussions regarding the running of this promotion via social media but will respond to questions via [email protected].  

Promoter: Nestlé UK Ltd, 1 City Place, Gatwick RH6 0PA