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FULL TERMS AND CONDITIONS FOR NESCAFE AZERA PROMOTION TO WIN A SANTORINI HOLIDAY


These 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. Participants should retain a copy for their 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.


Promoter/’we’: Nestlé UK Ltd, Nestlé House, Haxby Road, York YO31 8TA


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 the promotional Instagram or TikTok posts 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. Participants may enter via Instagram or TikTok only.


3. No purchase necessary.


4. There is one (1) prize available to be won in total, consisting of an All-Inclusive Trip to Santorini, Greece for two (2) adults including:


• Return Flights


• Private Airport Transfers


• • Five (5) nights’ Luxury Accommodation, £500 spending money payable to the winner as BACs transfer or as a cheque. Travel insurance for two (2) adults. N.B. It is the responsibility of the winner and/or their companions to meet any additional costs relating to obtaining insurance cover for any pre-existing medical condition and for any additional costs as may be specified where the winner and/or their companions are aged 70 or over.


The winner will get a 12-month redemption period in which to take the prize, beginning on the day when they are notified that they have won. All dates are subject to availability, and we’d ask for no less than six weeks’ notice in advance of the winner’s’ chosen travel dates. The blackout dates are 21 December – 2 January, Easter Sunday, and UK bank holidays. Due to the nature of the prize the winner and their guest must be 18 and over, except where the winner is the parent or legal guardian of the accompanying minor.


• All travel locations and dates are subject to availability. Travel will be subject to flight and hotel availability at the date of booking the trip. The winner should notify the Promoter at least six (6) weeks in advance of his/her preferred dates for taking the trip.


• All travel must be completed within the timeframe stated above. Extensions to the validity of the prize will not be allowed unless first authorised by the promotional agent.


• Neither the Promoter, nor its travel partner, will accept no responsibility for hotels/tours/transport companies etc. being withdrawn or amended. In the event of this, the Promoter’s travel partner will endeavour to offer a suitable alternative.


• All travel arrangements offered are at the discretion of the Promoter and its travel partner. Any requests relating to airport, airlines or hotels cannot be guaranteed.


• Any amendments made by the prize winner after the booking is confirmed may be subject to administration charges levied by the specific supplier.


• Passports and Visas are the responsibility and cost of the prize winner and their guest. The Promoter and their travel partner cannot be held responsible if the prize winner or their guest fail to obtain the required travel documentation.


• There is no cash alternative or refund for unused portions of the prize.


• Travel insurance is subject to restrictions and the terms and conditions of the insurance provider. It is the responsibility of the winner and/or their companions to meet any additional costs relating to obtaining insurance cover for any pre-existing medical condition and for any additional costs as may be specified where the winner and/or their companions are aged 70 or over.


• The prize winner and their guest are responsible for, and must comply with, any health advice/regulations/inoculations required by any destination country. Any associated costs for this are the responsibility of the prize winner and their guest (where applicable).



• For the avoidance of doubt, the prize does not include travel to and from home to the airport, gratuities, meals, or other travel expenses unless otherwise stated, or any other costs of a personal nature not stated for winner and guest. Any such costs will be the sole responsibility of the winner and their guest and must be settled directly with the vendor/supplier.


No cash or other alternative will be available in lieu of the stated prizes except in the event of circumstances beyond its control, the Promoter reserves the right to offer an alternative prize, in whole or part, of equal or greater value.


HOW TO ENTER:


• Participants will require an Instagram or TikTok account to enter and must ensure that their entries are set to ‘Public’. Participants who do not already have an Instagram or TikTok account may open one at www.instagram.com or www.tiktok.com, by following the instructions and reading the relevant terms and conditions.


• Participants may enter via Instagram or TikTok by posting a photo or video of their favourite recipe for Ice Coffee on their own page, tagging @nescafeazera (Instagram), or @nescafeazerauk (TikTok), depending on the platform used to participate. All such posts should also feature the hashtag #shakeupyoursummer.


Photos/videos can be shared either as a story or a grid post/feed. All such posts must be set to ‘Public’ and carry the relevant tag and hashtag to enable the Promoter and/or their agency to gather photos and videos for inclusion in the prize draw for a chance to win.


The winner will be drawn at random by an independently verified computer programme from all valid entries made via the participating social media pages as outlined above by no later than 23:59 on 28.05.24. The winner’s Instagram or TikTok name will be announced/tagged in the original promotion post within two (2) standard working days of the closing date. The winner will be required to message the Promoter via a Direct Message to their Instagram or TikTok channel. The winner must respond to the Promoter (or their appointed agency) within seven (7) working days of the winner notification with their contact details to arrange their prize. By participating the entrant understands and agrees to their details being shared with the third-party travel agency to arrange their prize.


I.P. By participating in the Promotion, the prize draw respondents license and grants the Promoter an exclusive, royalty free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, and display such content for any purpose in any media, without compensation, restriction on use, attribution, or liability. Participants agree not to assert any moral rights in relation to such use where the moral rights in respect of the content are theirs to assert. Participants warrant that any comments or photos are their own, have not been copied, in whole or in part, from any third party and they have full authority to grant these rights.


• By participating entrants understand and agree to their photos/videos and/or comments being publicly displayed on the @nescafeazera official UK Instagram page and/or the @nescafeazerauk official UK TikTok page. Such entries may be attributed to the original entrant using their name as provided with their entry, or as shown on their Instagram, or TikTok account.


• Photos/videos/comments must not infringe the copyright or other intellectual property rights of any third party. The Promoter reserves the right to remove any comments, and will not include any photos or videos in the promotion that 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.


5. The Promoter reserves the right at its sole and absolute discretion to immediately and permanently remove any comments or posts on its official social media pages that it deems to be distasteful, degrading or will in any way cause offence. Comments/photos/videos should not mention or tag another person except where the entrant has obtained express permission to publicly share that person’s Instagram name. All entries must conform to Instagram and TikTok guidelines and terms and conditions.


6. The winner will be the first qualifying entry 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. Entries (bulk or otherwise) from the trade, agencies, third parties, or automated entries are not permitted and will be disqualified.


7. 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.


8. Prize draw closes at 23:59 on 28.05.24. Participation is via the method as outlined in Clause 4 above only. No postal or other entry method is available.


9. The prize draw will take place using an independently verified random computer programme within two (2) standard working days of the prize draw closing date and the winner will be notified via Instagram and/or TikTok only. The winner will be required to contact the Promoter via a Private Message to provide contact details and to make arrangements for their prize to be delivered. Whilst all reasonable steps will be taken to contact the winner, if this cannot be achieved within a further seven (7) working days and after three attempts, 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 seven (7) days of being notified and after three attempts, the prize entitlement will be withdrawn, and the prize removed from the promotion. On completion of the validation process, the winner will be placed directly in contact with the prize fulfilment agency, who will make contact with the winner to book their holiday. All holiday information regarding travel and accommodation will be booked, confirmed and digitally provided to the winner.


10. In the event of circumstances outside the reasonable control of the Promoter, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this promotion, and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these Terms and Conditions, at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.


11. The Promotion and these Terms and Conditions will be governed by the laws of the participating country and any disputes as to the meaning of these Terms and Conditions will be subject to the exclusive jurisdiction of the participant’s local courts.


12. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using the prizes, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.


13. 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 an unfair advantage in participating in the promotion or won using fraudulent means.


14. 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. Such publicity may include, without limitation, the entrants’ name and/or if consent given, image or statements made by entrants concerning the promotion and/or prize obtained as part of the promotion. The winner(s) are not obliged to agree to any such requests.


15. Subject to the Promoter’s Privacy Policy which can be found at Policy 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: consumer.services@uk.nestle.com with the subject line “WINNER’S LIST: NESCAFÉ AZERA SANTORINI SOCIAL MEDIA PRIZE DRAW” for a period of three (3) months following the end of the promotion. The Promoter reserves the right to refuse any or all such requests. When contacting this email address, your request will be actioned in line with Nestlé’s Privacy Policy. If the winner objects to their information being published, then they can contact the Promoter by emailing: UKI.Dataprotection@uk.nestle.com with the subject line “WINNER’S LIST: NESCAFÉ AZERA SANTORINI SOCIAL MEDIA PRIZE DRAW”. We may nevertheless disclose the information to the Advertising Standards Authority if required to do so.


16. 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 may still receive emails/messages for this promotion only as part of the verification process and to make arrangements for the delivery of the prize. The surname and county of the verified winner will be made available as set out in the paragraph above and the winner can object to this by emailing: UKI.Dataprotection@uk.nestle.comhttps://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: UKI.Dataprotection@uk.nestle.com. 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 purposes of this promotion, requests to delete personal data can only be actioned after the promotion has concluded and the winner has accepted their prize. Any data obtained via this promotion will be deleted after three (3) months of the promotional period end date with the exception of the winner and reserves whose data will be deleted after fulfilment of the prize.


17. 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 or Instagram, or TikTok, or any combination thereof.


18. All normal internet connection charges associated with the submission of an entry to the promotion shall be the entrant’s responsibility.


19. This promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram or TikTok. Entrants accept and understand that they are providing their information to the Promoter, and that Instagram and TikTok have no liability for any element of this promotion. Furthermore, any questions, comments or complaints regarding the promotion will be directed to the Promoter only.


20. Any person posting, or seen to be posting, comments to the participating social media page, or elsewhere during the promotion that are considered bullying, spiteful or upsetting to other participants, fans of ‘NESCAFÉ AZERA’ 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 and/or TikTok to any such behaviour, which may result in the person’s account being frozen pending investigation.


21. Privacy Policy - as the promotion is run using Instagram and TikTok, their privacy policy will also apply. See above for the Promoter’s Privacy policy.


22. 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 consumer.services@uk.nestle.com.


23. If any of these clauses should be determined to be illegal, invalid, or otherwise unenforceable, then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.


24. If, for any reason, any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion modify or suspend the promotion or invalidate any affected entries. If an act, omission, event, or circumstance occurs which is 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 but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.


Promoter/’we’: Nestlé UK Ltd, Nestlé House, Haxby Road, York YO31 8TA