These Terms and Conditions of Lidl Great Britain Limited, 19 Worple Road, London, SW19 4JS (“the Promoter”) shall apply exclusively to your participation in “TELL A CRACKER, WIN A JUMPER” Prize Draw (the “Prize Draw”). By entering and participating in the Prize Draw (as defined below), you agree to be bound by these terms and conditions.
1. Opening / closing date & time
1.1. The Prize Draw opens on 18th December 2020 at 9:00 and all entries must be received no later than 18th December 23:59.
2. How to participate
2.1. To enter the Prize Draw, you must share your best Christmas joke via Twitter with the hashtag #LidlChristmas. Once this has successfully been submitted to our Twitter (@Lidlgb), this will count as one valid entry. Any data posted must be your own.
2.2. The Prize Draw is open to event participants only. Entrants must be a resident in the UK (excluding Northern Ireland) and aged 18 years or over on the day they submit their entry via https://twitter.com/lidlgb. Proof of age, in the form of a valid Passport or Driver’s Licence, may be required.
2.3. The Prize Draw 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.
2.4. All entries must be made directly by the individual entering the Prize Draw.
2.5. Only one entry is permitted per person and account. 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.
2.6. You must follow the entry instructions as given on the Site which shall also form part of these terms and conditions.
2.7. No purchase and/or donation is necessary to participate in the Prize Draw. Purchasing goods does not result in any advantage to a participant.
2.8. The Site is operated by Lidl and all submissions will be stored within a server owned by the Operator.
2.9. To withdraw your participation in the Prize Draw, send an email to email@example.com with full name, email address and the subject heading: WITHDRAW FROM THE TELL A CRACKER, WIN A JUMPER before the date of the Closing Date.
3. The Prize Draw
3.1. 3 WINNERS from all eligible entries will be drawn within 5 working days of the Closing Date. The 3 winners will be chosen at random using a random number generator. Three reserve winners, designated Reserve A, Reserve B and Reserve C, will be selected at the same time as the original Winners and if any of the original Winners cannot be contacted then the next Reserve will become the Winner.
3.2. The winners will be entitled to a Livergy Lidl Christmas Jumper each in a size medium or large.
3.3. The Promoter will not replace any lost, damaged, mutilated or stolen Prizes. All taxes, costs, liabilities and unspecified expenses associated with the usage of the Prize are the sole responsibility of the Winner.
3.4. 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.
3.5. 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.
3.6. The Winner will be notified by email OR telephone within 5 working days of the Closing Date and asked to claim their Prize and will need to follow the instructions in the notification message.
3.7. Prizes must be claimed within 5 working days of first notification. Proof of identity, in the form of a valid Passport or Driver’s Licence, may be required.
3.8. If the Promoter is unable to contact the Winner within five days of its first attempt, or the Winner fails to provide the Promoter with an address for delivery OR claim the prize within 5 days of first notification, the Promoter reserves the right to withdraw prize entitlement.
3.9. 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 TELL A CRACKER, WIN A JUMPER to Social Media, Lidl Great Britain Limited, 19 Worple Road, London, SW19 4JS.
3.10. Prizes will be dispatched within 8 working days from the date of the Promoter receiving the winner’s prize acceptance.
3.11. 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 draw 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.
3.12. 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.
3.13. No responsibility will be taken by the Promoter if a Winner is not able to collect a Prize for any reason and howsoever arising.
3.14. Photographic identification (valid passport or driver’s licence) may be required for the Winner to claim the Prize. The Promoter reserves the right to refuse any Prize collections 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 Prize Draw.
4.4. By entering this Prize Draw, you consent to the Promoter publishing the submitted entry on the Site.
4.5. The Operator reserves the right to remove entries from the Prize Draw 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 Prize Draw 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 Free Prize Draw you must provide us with the following personal information:
• Full name;
• Telephone number;
• Full address;
• Email address.
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 Free Prize Draw.
If you are a Winner of the Free Prize Draw, we may make your name and county available to third parties upon their request in line with our obligation to publish such information under the law applicable to prize draws. 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 Prize Draw contract as set out in these terms and conditions. The personal information provided by you to us in connection with this Free Prize Draw will be used exclusively for administering the Prize Draw. This involves:
• Verifying the identity of participants;
• Entering participants into the draw;
• 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 3.9; and
• 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 Promoter and shall not be shared with any third parties.
Storage duration / criteria for specifying the storage duration:
The participants’ personal information collected for this Free Prize Draw will be kept securely by the Promoter and will be destroyed no later than three months after the Free Prize Draw 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 Free Prize Draw shall be destroyed immediately if you discontinue your participation in the Free Prize Draw in accordance with clause 2.9.
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 the Prize Draw 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 Prize Draw, or by any human, mechanical or electronic error which may occur in the processing of the entries in the Prize Draw, or other errors appearing within the terms or in any the Prize Draw 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 Prize Draw, 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 Prize Draw.
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 draw; (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 Prize Draw; 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 DRAW 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 Prize Draw and the acceptance of any Prize.
7.2. This promotion is 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 Prize Draw, 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 Prize Draw 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