(“Terms and Conditions”)
Please read these terms and conditions carefully and check them regularly. By submitting a competition entry, you are agreeing to be bound by these terms and conditions.
We would draw your attention in particular to condition 6.9, condition 6.10, condition 8 and condition 10 of these terms and conditions.
1. The Organiser
The Organiser is McLear Limited (08308520) of Steel House, Alexander Place, 13-17 Princes Road, Richmond, Surrey, England, TW10 6DQ (the “Organiser”, “we” and “us”).
2. The Competition
2.1 RingPay Christmas Giveaway.
3. How to Enter
3.1 The Competition will run from 12.01 p.m. GMT on 7 December 2020 (the “Opening Date”) to 11.59 p.m. GMT on 13 December 2020 (the “Closing Date”) inclusive (the “Competition Period”).
3.2 All Competition entries must be received by the Organiser by the Closing Date. All Competition entries received after the Closing Date are automatically disqualified.
3.3 Enter the Competition online before the Closing Date as follows :
- (a) Entrant must go to https://mclear.com/xmas/, enter their email address in the form provided, agree to the terms and submit the form.
- (b) Facebook: entrant must go to https://www.facebook.com/mclearco/ and follow our Facebook page. Entrants must also “like” Facebook page and “like” the competition post for the day they enter; or
- (c) Instagram: entrant must go to https://www.instagram.com/mclearco/ and “follow” us on @mclearco. The entrant must also “like” and tag a friend under the RingPay Christmas Prize Draw post for the day they enter.
3.4 There is no purchase necessary to enter this Competition.
3.5 By submitting a Competition entry, you are agreeing to be bound by these Terms and Conditions.
3.6 Only fully completed entries submitted during the Competition Period and actually received by the Organiser are eligible. The Organiser will not accept:
- (a) Responsibility for Competition entries that are lost, corrupt, illegible, interrupted. mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind;
- (b) Responsibility for unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions beyond its reasonable control whether human, mechanical, electronic, or otherwise; or
- (c) Proof of posting or transmission as proof of receipt of entry to the Competition.
3.7 No expenses incurred in participating in the Competition may be claimed by entrants or winners, including in relation to the use of the internet.
3.8 Entrant must take all the actions required to be eligible to win. Incomplete, unreadable, or unintelligible entries will not be accepted.
3.9 Entrant must be the rightful owner (or have authorised use) of the social media account used to enter the Competition.
3.10 Instagram and Facebook are each a social media platform for the purposes of these Terms and Conditions.
3.11 Only one entry by an entrant per social media platform is permitted each day.
3.12 Entrants who violate any of these Terms and Conditions will be disqualified and forfeit any and all prizes won.
4. Eligibility
4.1 The Competition is only open to all residents in the UK aged 18 years or over, except:
- (a) Employees of the Organiser or its holding or subsidiary companies; or
- (b) Employees of agents or suppliers of the Organiser or its holding or subsidiary companies, who are professionally connected with the Competition or its administration.
4.2 In entering the Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Organiser may require you to provide proof that you are eligible to enter the Competition.
4.3 The Organiser will not accept Competition entries that are:
(a) Automatically generated by computer;
(b) Completed by third parties or in bulk;
(c) Illegible, have been altered, reconstructed, forged or tampered with; or
(d) Incomplete.
4.4 Entries on behalf of another person will not be accepted and joint submissions are not allowed.
4.5 The Organiser reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize Competition.
4.6 We reserve the right to disqualify an entrant, or to refuse or withdraw a prize, if an entrant or a winner threatens or abuses any of our employees, or otherwise conducts themselves in a manner that we reasonably regard as inappropriate, offensive or unlawful.
4.7 In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorised account holder of the social media account used and specified in the entry.
5. The prizes
5.1 There are 7 prizes to be won. Each prize includes and is limited to:
- (a) A McLear gift box;
- (b) A McLear Smart Payment Ring (in the colour of the entrants choice)
- (c) A champagne flute;
- (d) A half bottle of Moët & Chandon Champagne (either Brut or Rose), or non-alcoholic alternative; and
- (e) £10.00 per month added to the winner’s MCLEAR Smart Payment Ring for 6 months from the date of activation by the winner of their RingPay by MCLEAR account.
5.2 The winner will not have a choice of the type of Moët & Chandon Champagne they receive, but no choice of non-alcoholic alternative if this option is chosen.
5.3 Prizes are subject to availability. There is no cash alternative for the prize. The Organiser reserves the right to substitute the prize with a prize of equal or greater value.
5.4 Each prize is awarded as is, to the extent permitted by law, without any representations or warranties.
5.5 Each prize in not negotiable and cannot be transferred, sold, substituted or redeemed for cash by the winner.
6. Winners
6.1 Subject to Condition 6.2 below, a prize winner will be chosen each day at random by software from all entries received the previous day between 0:01 AM GMT and 11:59 PM GMT and which are verified by Organiser or its agents.
6.2 Notwithstanding Condition 6.1 above, a prize winner will be chosen for:
- (a) each Friday during the Competition Period on the Monday immediately following the previous Friday at random by software from all entries received between 0:01 AM GMT and 11:59 PM GMT on that Friday and which are verified by Organiser or its agents; and
- (b) each Saturday during the Competition Period on the Monday immediately following the previous Saturday at random by software from all entries received between 0:01 AM GMT and 11:59 PM GMT on that Saturday and which are verified by Organiser or its agents.
6.3 Only one prize will be awarded each day of the Competition.
6.4 No person may win more than one prize via this Competition. If a person wins more than one prize, a new winner will be selected from eligible entrants.
6.5 The decision of the Organiser is final and no correspondence or discussion will be entered into.
6.6 The Organiser will make all reasonable efforts to contact the winner. The Organiser will notify each winner through the channel to which they have entered the competition as soon as practicable and in any event within 2 days of the Closing Date as follows:
(a) Instagram: A private message will be sent to the winner through their Instagram message feature locate on the winners instagram profile page.
(b) Facebook: A private message will be sent out to the winner through Facebook messenger.
6.7 If the winner fails to respond within 72 hours of being notified by Organiser or its agent that they have won a prize, the winner will forfeit any right to the prize and the Organiser reserves the right to select a new winner.
6.8 If the winner declines the prize, the winner forfeits the right to the prize and the Organiser reserves the right to select a new winner.
6.9 The Organiser must make available information that indicates that a valid award took place. To comply with this obligation the Organiser will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone who emails events@mclear.com within one month after the Closing Date of the Competition.
6.10 If you object to any or all of your surname, county and winning entry being made available, please contact the Organiser at events@mclear.com. In such circumstances, the Organiser must still provide the information and winning entry to the Advertising Standards Authority on request.
7. Claiming the prize
7.1 You will need to provide your contact details to the Organiser to arrange for the prize to be delivered.
7.2 Please allow 2 to 6 business days for delivery of the prize from the date of postage.
7.3 The prize may not be claimed by a third party on your behalf.
7.4 The Organiser does not accept any responsibility if you are not able to take up the prize.
8. Limitation of liability
8.1 NOTHING IN THESE TERM AND CONDITIONS EXCLUDES OR LIMITS ORGANISER’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; AND (III) ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABILITY.
8.2 INSOFAR AS PERMITTED BY LAW, THE ORGANISER WILL ONLY BE RESPONSIBLE FOR THE LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF TAKING UP THE PRIZE, ORGANISER’S BREACH OF THESE TERMS AND CONDITIONS, ORGANISER’S NEGLIGENCE, ORGANISER BREACH OF ITS STATUTORY DUTIES; OR SUCH OTHER MATTERS ARISING FROM OR IN CONNECTION WITH THE COMPETITION AND THESE TERMS AND CONDITIONS, BUT ORGANIZER IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND THE ORGANISER AT THE TIME THAT YOU ENTERED THE COMPETITION. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
8.3 NOTWITHSTANDING CONDITION 8.2, AND SAVE AS SET OUT IN CONDITION 8.1, ORGANISER’S MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS AND/OR IN CONNECTION WITH THE PRIZE SHALL NOT EXCEED ONE HUNDRED BRITISH POUNDS STERLING (£100).
8.4 Where an entrant or winner has been found to be in breach of any of these Terms and Conditions, the Organiser may disqualify that person and require the return or reimbursement to us of the prize even where a prize has been awarded and/or actually provided to the entrant or winner.
8.5 The Organiser is not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, terrorism or other circumstances outside the Organiser’s reasonable control.
8.6 The Organiser reserves the right to hold void, suspend, cancel, or amend the prize or Closing Date of the Competition where it becomes necessary to do so in the event of any unforeseen circumstances outside of its reasonable control.
9. Intellectual property rights
9.1 You agree to grant the Organiser a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the Competition entry and any accompanying materials for such purposes.
10. Data protection and publicity
10.1 The Organiser will collect, handle and use your personal information for this Competition in accordance with the competition privacy policy available at https://mclear.com/competitions/christmas-giveaway-privacy-policy/
11. Social media platform Release
11.1 Entrants are required to comply with all respective social media platform terms and conditions when posting on a social media platform.
11.2 The Competition is not sponsored by, endorsed or administered by, or associated with, or in any way affiliated with Facebook or Instagram. By participating in the Competition, you agree that Facebook or Instagram, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives, and agents (the “Released Parties”) will have no liability whatsoever for, and shall be held harmless by you against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in the Competition related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery, in each case except to the extent such liability cannot be excluded by law
12. General
12.1 If there is any reason to believe that there has been a breach of these Terms and Conditions, the Organiser may, at its sole discretion, reserve the right to exclude you from participating in the Competition.
12.2 Subject to condition 12.2, the Organiser may amend these Terms and Condition at any time by posting the amended Terms and Conditions at [T&CS WEBSITE], and you agree that you will be bound by any changes to these Terms and Conditions from the date they are published on that website. If, however, you have already entered the Competition, the changes will not apply to any entries that you have already submitted, but they will apply to any future entries that you submit after the date on which the change become effective.
12.3 You may not assign or transfer your obligations under these Terms and Conditions without the Organiser’s prior written consent, and any unauthorised assignment or transfer by you shall be null and void.
12.4 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this condition shall not affect the validity and enforceability of the rest of these Terms and Conditions.
12.5 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing.
12.6 These Terms and Conditions, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Competition and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Competition.
12.7 These Terms and Conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England.
Version 1.1, 30 November 2020
