Name our Fun Size Pears’ Competition Terms & Conditions
These Terms and Conditions of Lidl Great Britain Limited, 19 Worple Road, London, SW19 4JS (“the Promoter”) shall apply exclusively to your participation in the ‘Name our Fun Size Pears Competition’ (the “Competition”). By entering and participating in the Competition (as defined below), you agree to be bound by these terms and conditions.
1. Opening / closing date & time
1.1 The Competition opens on 8:00am Monday 11th January 2021 and all Entries must be received no later than 11:59pm on Sunday 11th April 2021 (the “Closing Date”).
2. How to participate
2.1. The Competition is open to children resident in the UK (excluding Ireland and NI) aged between five and twelve years old (The "Entrant Child")". The Entrant must be a resident in the UK (excluding Northern Ireland) and aged 18 years or over on the day that the Entry is submitted.
2.2. Each entry must be submitted by you as the child’s parent or legal guardian (“Entrant”).
2.3. To enter the Competition, an entry form template must be downloaded from lidl.co.uk/funsizecomp and The Entrant Child must design and name a character for the Funsize product.
2.4. To submit an Entry, the Entrant must download the entry form and send completed form entry form to email@example.com (i) with the guardians name, the guardians email address, the guardian’s county, the guardians telephone number, the Entrant Child's name, the Entrant Child's age and the guardians relationship to the Entrant Child.
2.5. Once the completed entry form has been sent to firstname.lastname@example.org that will count as a valid entry.
2.6. The drawing and name must be completed on the designated entry form, adding the Entrant's Child's first name and age at the right bottom of the sheet.
2.7. The Entrant Child must be aged between five and twelve years old at the time of submission. The Entrant must be a resident in the UK (excluding Northern Ireland) and aged 18 years or over on the day that the Entry is submitted. must be a resident in the UK (excluding Northern Ireland) and aged 18 years or over on the day they submit their entry. Proof of age, in the form of a valid Passport or Driver’s Licence, may be required.
2.8. The Competition is not open to employees and their families, representatives, legal successors or contractors of the Promoter or Lidl Stiftung & Co. KG. Stiftsbergstr. 1, 74167 Neckarsulm, Germany.
2.9. Only one entry is permitted per child . Second or subsequent entries will be disqualified. Syndicated entries or those made using methods such as a computer macro, a script or the use Entries on another individual’s behalf will not be accepted. Any other forms of entry, including but not limited to automated devices or processes, are not allowed and all such entries will be disqualified and any prize awarded will be void. No entries from consumer groups, 3rd parties or bulk entries will be accepted.
2.10. You must follow the entry instructions as given on the Site (lidl.co.uk/funsizecomp) which shall also form part of these terms and conditions.
2.11. No (purchase and/or donation) is necessary to participate in the Competition. Purchasing goods does not result in any advantage to a participant.
To withdraw your participation in the Competition, send an email to email@example.com with full name, email address and the subject heading: WITHDRAW FROM THE NAME FUNSIZE PEARS COMPETITION before the date of the Closing Date.
3. The Competition
3.1 Three designs will be chosen based on creativity from all eligible Entries within 14 working days of the Closing Date by an internal judging panel of the Promoter including one panel member who is independent from the Promoter.
3.2 The three shortlisted designs will then be posted on the Promoter’s Facebook page for a public vote.
3.3 The poll will stay live for 1 week from the posting date, and the design with the most votes will be the winning design of the competition.
3.4 The winning design will be displayed on The Funsize Snack Pear product packaging with the potential to use (the “prize”) in other promotional materials including The Promoter’s in store leaflet, magazine, social media pages (Facebook, Instagram and Twitter) and website.
3.5 The winning design and name will be creatively interpreted by our artwork agency. The visual representation of the design/name may differ from the original artwork including but not limited to size, colour, measurements and shape.
3.6 The Prize is as stated in Clause 3.4. The Prize cannot be redeemed for cash or an alternative prize, is non-exchangeable, non-refundable, cannot be resold and will only be awarded directly to the winning Entrant (the “Winner”).
3.7 All taxes, costs, liabilities and unspecified expenses associated with the usage of the Prize are the sole responsibility of the Winner.
3.8 There will be one Winner who will be notified via email by the promoter within 28 working days of the Closing Date. The Winners’ Entrant will need to follow the instructions in the notifying email.
3.9 The Winners’ Entrant must respond to the email within 5 working days of the date on which it was sent, to accept the prize.
3.10 In the event the Winners’ Entrant fails to respond within 5 working days of the date on which the notification email was sent, the Promoter reserves the right to withdraw prize entitlement and award the prize to a reserve winner (the "Reserve Winner”)
3.11 The Reserve Winner will be the person with the second highest number of votes in the poll Reserve A will be replaced with Reserve B if Reserve A cannot be contacted or do not collect the Prize within the time frame. Reserve B winner will be the design with the 3rd highest number of votes in the public Facebook poll.
3.12 The winner will be entitled to their design being displayed on The Funsize Snack Pear product packaging. The entrant also reserves the right for the promoter to use (the "Prize") in other promotional materials as stated in Clause 3.4
3.13 The Prize is as stated. Prizes are not transferable, cannot be resold and will only be awarded directly to the winners. There is no cash alternative. Prizes are subject to availability and in the event that the Prizes offered are unavailable due to circumstances beyond the Promoter’s control, the Promoter reserves the right to offer an alternative prize of equal or greater value.
3.14 If the Prize is in the form of Vouchers, the Vouchers cannot be redeemed for cash or an alternative prize, are non-exchangeable, non-refundable, cannot be resold and will only be awarded directly to the Winner. The Promoter reserves the right to refuse to accept Vouchers which it reasonably deems to have been tampered with, duplicated, damaged or which otherwise are suspected to be affected from fraud. The Promoter shall not be liable where a Voucher has been lost or stolen following delivery of the prize. The Vouchers must be redeemed within 12 months of the date of issue detailed on the Vouchers. The Vouchers cannot be used to purchase Alcohol. Other specific terms of usage apply – please see voucher for details.
3.15 Subject to Clause 5, the name and county of the winner may be available for a period of up to 3 months after the Closing Date and may be obtained by emailing firstname.lastname@example.org OR sending a stamped self-addressed envelope marked Name our Fun Size Pear Competition Winner to [Partnerships Team, Lidl Great Britain Limited, 19 Worple Road, London, SW19 4JS].
3.16 If it is suspected that an entrant uses multiple e-mail addresses or accounts to submit more than one (1) entry, only one (1) entry will be considered. In the event of a dispute over who submitted a winning online entry, the “Authorized Account Holder” of the e-mail account used to participate in the Competition at the actual time of entry, will be deemed to be the Authorized Account Holder is the natural person to whom the applicable Internet service provider, online service provider or other organization has assigned the email address for the domain associated with the submitted e-mail address. In the event a winning account selected is a joint account, a total of one (1) prizes will be awarded in the name of the first-named account holder. Proof to Promoter’s satisfaction of being the authorized account subscriber may be required by Promoter in order to verify eligibility.
3.17 No responsibility will be taken by the Promoter for claims which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be delivered for any technical or other reasons. We advise claimants to use recorded delivery. Proof of sending will not be accepted as proof of receipt, and no correspondence will be entered into.
3.18 No responsibility will be taken by the Promoter if a Winner is not able to collect a Prize for any reason and howsoever arising.
3.19 Photographic identification (valid passport or driver’s licence) may be required for the Winner to claim the Prize. The Promoter reserves the right to provide any Prize without providing a valid passport or driver’s licence.
4. Intellectual Property Rights
4.1. You warrant and represent that you own (or are the rightful licensor of) all rights (such as, but not limited to, patents, trademarks, copyrights, design rights or know how) in or relating to the entry which you submit to the Site. Photography must not be digitally or otherwise altered.
4.2. You shall upon request provide to the Promoter a copy of written proof of any licence. You acknowledge and agree that you will be liable for compensating any third party whose rights have been infringed (for example, but not limited to, infringing any intellectual property right by failing to comply with any labelling requirements of that third party or if a criminal offence has taken place) by your submission of the entry to the Site.
4.3. In particular (but without limitation to paragraph 4.1), the participant warrants and represents that should a person be shown in the submission photograph, each person shown in the photograph has consented to the use of their image and the submission of the submission photograph to the Site for the purpose of the Competition.
4.4. By entering this Competition, you consent to the Promoter publishing the submitted entry on the Site and using it for other promotional materials including The Promoter’s in store leaflet, magazine, social media pages (Facebook, Instagram and Twitter) and website.
4.5. The Operator reserves the right to remove entries from the Competition if it receives notice or otherwise believes that the rights of a third party are infringed or if the risk of such an infringement exists. Upon removal an entry will be disqualified and become ineligible for consideration in the Competition described above. If a third party claims compensation for the infringement of their rights, you shall keep the Promoter indemnified in respect of any liabilities it incurs in respect of such claims.
5. Personal Data
Purpose of data processing/legal basis:
To enter this Competition you must provide us with the following personal information:
• Entrant and Entrant Child Full name;
• Entrant Child age;
• Telephone number;
• County; and
• Passport/driver's license (in accordance with clauses 2.4 and 3.16 above).
Please be aware that although the Promoter may already possess the personal information detailed above owing to collection for other purposes (e.g. My Lidl Community) these terms and conditions only apply to the personal information collected for the sole purpose of this Competition.
If the Entrant’s child are a Winner of the Competition, we may make the child’s name, age and county available to third parties upon their request in line with our obligation to publish such information under the law applicable to competitions. You have the right to object to us making such information available. You may exercise this right by contacting us at email@example.com. Please note that, even if you object, we may still be legally obliged to make this information available to certain third parties (such as the Advertising Standards Authority) upon their demand.
The legal basis for processing the above information is the fulfilment of the Competition contract as set out in these terms and conditions. The personal information provided by you to us in connection with this Competition will be used exclusively for administering the Competition. This involves:
• Verifying the identity of participants;
• Entering participants into the Competiton;
• Identifying the winner;
• Notifying the winner;
• Providing the full name and county of the winner upon receipt by the Promoter of such a request in accordance with clause 3.18
• Investigating any claims that the Promoter believes may be fraudulent in nature and taking further actions, such as legal proceedings where appropriate, in accordance with clause 6.4.
Recipients or categories of recipients:
The personal information of participants will be held by the Store and shall not be shared with any third parties.
Storage duration / criteria for specifying the storage duration:
The participants’ personal information collected for this Competition will be kept securely by the Store and will be destroyed no later than three months after the Competition has been completed and the Winner announced, except that:
• In the case of material prizes, the data of the winners will be kept for the duration of the statutory warranty claims, in order to arrange for repair or replacement in the case of a defect;
• In the case of any investigation for fraudulent activity or legal proceedings, personal data will be held until the proceedings and any related actions are completed;
• The personal information collected for the purpose of this Competition shall be destroyed immediately if you discontinue your participation in the Competition in accordance with clause [2.12].
6. Premature Termination / Exclusion of participants
6.1. Owing to exceptional circumstances outside its reasonable control and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend Competition or these terms and conditions at any stage but will always endeavour to minimize the effect on participants in order to avoid undue disappointment.
6.2. Promoter assumes no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Competition, or by any human, mechanical or electronic error which may occur in the processing of the entries in the Competition, or other errors appearing within the terms or in any Competition related advertisements. Proof of sending will not be accepted as proof of receipt, and no correspondence will be entered into.
6.3. The Promoter assumes no responsibility for any typographical or other error in the printing of the offer, administration of the Competition, errors in processing entries, identifying the winners, in the announcement of the Prizes and winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in the Competition.
6.4. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void.
6.5. The promoter reserves the right in its sole discretion to verify the winners and disqualify any person it suspects or finds: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of the Competiton; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behaviour that will bring such winner or Promoter into disgrace; (v) to have provided inaccurate information upon entering the Competition; or (vi) to be acting in violation of these terms; (vii) to have gained unfair advantage in participating in the promotion or won using fraudulent means. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH INDIVIDUAL’S DISQUALIFICATION AS A WINNER OF THE COMPETITION AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
7.1. To the fullest extent possible in law, the Promoter does not accept liability for any losses or claims whatsoever arising out of participation in the Competition and the acceptance of any Prize.
7.2. This promotion is not affiliated with, sponsored by or endorsed by the product or retailer featured in the prizes. Trademarks, logos and names of the products and retailers are the property of their respective owner.
7.3. Participants are responsible for all costs and expenses relating to participation in the Competition, such as the cost of accessing the internet etc.
7.4. Except as otherwise required by applicable law, the Promoter shall not be liable for the content of any externally linked web sites.
7.5. The Promoter reserves the right to investigate and reject claims it believes to be of a fraudulent nature. Should a claim be upheld as fraudulent the Promoter reserves the right to pursue damages against individuals in connection with the claim.
7.6. The Promoter does not guarantee continuous uninterrupted or secure access to the Site. Numerous factors outside the control of the Promoter may interfere with the operation of the Site. No responsibility will be accepted for any difficulties in entering or any entries delayed or corrupted.
7.7. The Promoter shall not be liable for any failure to comply with its obligations or obligated to provide an alternative or a substitution prize to the Winner, where the failure is caused by an event of Force Majeure and the Winner does not receive any or all components of the prize as a result of such.
7.8. For the purpose of these Terms and Conditions, an “event of Force Majeure”, shall have the following meaning; all circumstances beyond the reasonable control of either the Promoter or the Winner concerned, including acts of God, earthquake, flood, storm, lightning, fire, explosion, war, terrorism, riot, civil disturbance, sabotage, strike, lockout, slowdown, labour disturbances, accident, epidemic, difficulties to obtain required raw materials or labour, lack of or failing transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown of public utilities, changes of law, statutes, regulations or any other legislative measures, acts of governments, supranational organizations or other administrative or public agencies, orders or decrees of any court, acts of third parties, delay in delivery or defects in goods or materials or any other circumstances amounting to force majeure.
7.9. The Promoter’s decisions in all promotional matters in relation to this Competition are final and no correspondence will be entered into.
7.10. Any question concerning the legal interpretation of the rules will be based on the law of England and Wales and the Courts of England and Wales will have exclusive jurisdiction.
Promoter: Lidl Great Britain Limited