Not Your Usual Competition Terms and Conditions

By entering this promotion, entrants will be deemed to have read, understood and accepted these Terms and Conditions and shall be bound by them together with any other promotional material.  Where there is any conflict or inconsistency between any other communications (including advertising or promotional materials) and these Terms and Conditions, these Terms and Conditions shall prevail.
  1. The promoter is Whyte & Mackay Limited, 4th Floor, St. Vincent Plaza, 319 St. Vincent Street, Glasgow, Scotland, G2 5RG (the “Promoter”).
  2. The promotion is open to individuals who are: (i) aged 18 years or over; and (ii) residents of Great Britain.
  3. Excludes Northern Ireland.
  4. No purchase necessary.
  5. This promotion is not open to employees of the Promoter, their families, agents, clients, suppliers, retailers, merchants or associates.
  6. Entry into the promotion is limited to one per person per phone number and applications from agents, third parties, consumer groups or bulk applications will not be accepted. Anyone entering more than once, whether by using multiple handsets, multiple identities or a computerised (automated) system will be disqualified from the promotion.
  7. The promotion opens on 14th December 2022 and will close on 2nd January 2023 (the “Promotional Period”). Any entries received outside of the Promotional Period will be automatically rejected. Proof of submission shall not constitute proof of receipt of an entry by Promoter.
  8. All entrants represent that they are of legal drinking age in their country of residence and acknowledge and accept that Promoter shall have the right to discard any entries at any time which are found not to satisfy this criterion.
  9. To enter the prize draw for a chance to win a bottle of Glayva, i) share the Not Your Usual Competition post on Instagram as a story on your profile and ii) follow the Glayva account on Instagram. Valid entries received shall be entered into a prize draw.
  10. Entrants are advised to take care when submitting an entry. Only correctly submitted entries will be accepted. For the avoidance of doubt, entries featuring spelling mistakes will be disqualified. Capital or lowercase letters will both be accepted.
  11. There shall be 2 prizes and 2 winners in total. The prize draw will take place on 3rd January 2023 from all valid entries received into the prize draw during the Promotional Period. Winners will be picked at random by the Promoter/their agent. The winners will be notified by their Instagram account attributable to entry on or before 3rd January 2023 with details on how to claim the prize. All reasonable effort will be made to contact winners, however, in the event a claim for a prize is not received by 3pm on 6th January 2023 the Promoter reserves the right to withdraw prize entitlement and award the prize to an alternative entrant. Selection of winners shall be final and no correspondence shall be entered into. 
  12. The 2 Prizes consist of 1 of 2 x bottles of Glayva (70cl)
  13. The Prizes shall be awarded at random from the correctly submitted entries.
  14. All prizes issued under this promotion are strictly non-transferrable and must not be offered for resale.
  15. The Promoter reserves the right to amend, alter, vary, suspend or withdraw this promotion as the Promoter deems necessary in its absolute sole discretion. The Promoter shall have the right in its absolute sole discretion to substitute any prize with one of equivalent or greater value. The prize or its alternative must be accepted as offered. No cash alternative will be offered in whole or in part in connection with this promotion.
  16. If there is any reason to believe that there has been a breach of these terms and conditions or incorrect, illegible, fraudulent or other invalid or improper information has been provided, the Promoter may at its sole discretion refuse to award any prize under this promotion to a winning entrant.
  17. The Promoter reserves the right to verify all entries including but not limited to asking for address and identity details (which they must provide within 14 days) and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant 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.
  18. The Promoter is not liable for any delay or failure to perform any obligation to the entrant that is caused by any circumstance beyond its reasonable control or by any act or omission of any third party although it will always use reasonable endeavours to minimise any entrant disappointment.
  19. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability, for any injury sustained, loss, or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following: any theft, unauthorised access or third party interference; or any tax liability incurred by any participant.
  20. In particular the Promoter does not assume any responsibility, liability, loss, damage or injury sustained as a result of or in connection with this promotion:
    1. for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, and communications failure or otherwise;
    2. where there is no breach of any legal duty of care owed to the participant;
    3. where any loss or damage is not a reasonably foreseeable result of breach of any such duty of care;
    4. where any loss or damage or increase in loss or damage results from a breach by the participant of these terms and conditions or to the extent that the participant has failed to mitigate such loss or damage; and
    5. for business losses, and/or losses to non-consumers and any other third party.
  21. In this clause, “Data Protection Legislation” means any laws, rules, regulations, directive, decrees, orders or other legal requirements relating to the protection or processing of Personal Information in any relevant jurisdiction, including General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as replaced or supplemented from time to time. With regards the personal data of entrants that the Promoter shall have access to and process pursuant to this promotion, the Promoter shall comply with all applicable obligations as a “data controller” or “data processor” (as relevant) under the Data Protection Legislation including its decisions and actions concerning its processing and use of such personal data. The Promoter shall implement and maintain appropriate technical and organisational security measures against the unauthorised or unlawful processing of personal data and against accidental loss, destruction or damage to personal data to meet the requirements of GDPR as applicable, shall ensure the protection of the rights of the data subjects, and shall provide at least the minimum standard of protection required under the Data Protection Legislation. The personal data provided by entrants to the Promoter in this promotion is the minimum amount necessary for the fulfilment, administration, management and execution of this promotion and shall be used in accordance with the Promoter’s Privacy Policy, found here: https://www.whyteandmackayltd.com/privacy-policy/.
  22. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter may send the surname and country of prize winners and, if applicable copies of their winning entries, to anyone who emails [email protected] or writes to the Promoter’s address set out in Condition 1 (enclosing a self-addressed envelope) within one month of the Promotional Period. If you object to any or all of your surname, country and winning entry being published or made available, please contact the Promoter [email protected]. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
  23. The Promoter’s decision is final on all matters relating to this promotion.
  24. 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.
  25. These Terms and Conditions are subject to Scottish Law and each of the participants shall be deemed to irrevocably submit to exclusive jurisdiction of Scottish Courts.
  26. The Promoter encourages responsible drinking and would direct consumers to read http://www.drinkaware.co.uk for more information.

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