Free 12 Months Rainbow Dust Sweepstake: Terms & Conditions, September 2024

 

These Terms and Conditions for the Competition are made by SG WELLNESS DEVELOPMENTS LIMITED a company registered in England and Wales with company number 13770576 and registered office at Wadebridge House 16 Wadebridge Square, Poundbury, Dorchester, Dorset, United Kingdom, DT1 3AQ ("Promoter").

Definitions

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

CAP Code means the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing.

Competition means the 'Free 12 Months Rainbow Dust Sweepstake' being run by the Promoter.

Entry means a submission made by a Participant in accordance with the rules of the Competition.

Entry Period means Wednesday 18th September, 2024 at 9am BST until Sunday 22nd September at 11:59pm BST, the period during which entries to the Competition will be accepted.

Force Majeure Events means any event beyond the reasonable control of the Promoter including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Participant means any person who enters or attempts to enter the Competition.

Personal Data means any information which is related to an identified or identifiable living person as defined in the UK General Data Protection Regulation.

Promoter means SG WELLNESS DEVELOPMENTS LIMITED.

Prize means the reward or rewards to be given to the Winner of the Competition.

Terms and Conditions means the rules and regulations governing the Competition as set out in this document.

Winner means the Participant or Participants selected to receive the Prize.

1. Interpretation
1. Any reference in these Terms and Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

Purpose

Promoter will hold a sweepstake competition for the purpose of customer research (the "Competition").

1. The Competition will involve fully completing a customer research survey and providing a valid email address and will be run in accordance with the rules and procedures set out in these Terms and Conditions.

Eligibility

1. The Competition is open to all residents of the United Kingdom aged 18 years or over at the time of entry, except as set out in Clause 3.2.
2. Employees of the Promoter, their immediate family members, or any other persons professionally connected with the Competition, are not eligible to enter the Competition.
3. By entering the Competition, Participants confirm that they are eligible to do so and eligible to claim any Prize they may win. The Promoter may require Participants to provide proof of their eligibility.
4. The Promoter reserves the right to disqualify any Participant who is found to be in breach of these Terms and Conditions, including the eligibility requirements set out in this Clause 3.
5. The Promoter will not accept Competition entries that are automatically generated by computer, completed by third parties or in bulk, illegible, have been altered, reconstructed, forged or tampered with, or are incomplete.

Entry Period

1. Entry into the Competition will be available during the Entry Period. All times and dates are in British Summer Time (BST).
2. Entries must be received by the Promoter during the Entry Period. Entries received after the conclusion of the Entry Period will not be accepted.
3. The Promoter reserves the right to modify the Entry Period at its sole discretion. If the Entry Period is changed, the Promoter will notify all Participants of the new dates and times as soon as reasonably possible.
4. An entry will be deemed to have been received at the time of receipt by the Promoter and not at the time of transmission by the Participant.
5. The Promoter accepts no responsibility for any entries that are delayed, lost, misdirected or incomplete or cannot be delivered or entered for any technical or other reason.

Entry Procedure

1. Entry Method: To enter the Competition, Participants must a) complete the customer survey, which means all required questions b) provide a valid email address. Any entries not made in accordance with these instructions will be disqualified.
2. Entry Deadline: All entries must be received by the Promoter by Sunday 22nd September at 11:59 pm BST,  Entries received after this time will not be considered. The Promoter's computer is the official time-keeping device for the Competition.
3. Number of Entries: Each Participant may enter the Competition one (1) time. Multiple entries beyond this limit will be disqualified.
4. Entry Costs: There is NO COST TO ENTER THE COMPETITION. Any costs associated with accessing the Competition website are the responsibility of the Participant.
5. Incomplete Entries: Incomplete or incorrect entries, or entries that do not comply with these Terms and Conditions, will be disqualified.
6. Proof of Entry: Proof of sending an entry is not proof of receipt by the Promoter. The Promoter is not responsible for entries lost, delayed, or not received for any reason.
7. Data Protection: By entering the Competition, Participants consent to their personal data being processed by the Promoter for the purposes of administering the Competition, in accordance with the Promoter's privacy policy and the Data Protection Act 2018.

Prize Details

1. The prize for the Competition is 12 months (1 year) supply of Rainbow Dust, based on one (1) pouch per month, of one (1) flavour of the Winner's choice, with an approximate retail value of £468 (£39 x 12 months)
2. If the Winner is already an active subscriber with Spacegoods, a discount will be provided on their current subscription for the following 12 months (1 year). 
3. The Prize is subject to any conditions and restrictions contained herein, and any additional conditions or restrictions specified at the time of announcing the Winner.
4. The Prize must be accepted as awarded and is non-transferable, non-exchangeable, and not redeemable for cash or other forms of compensation, unless otherwise specified by the Promoter.
5. In the event that the Prize, or any part of the Prize, becomes unavailable for any reason beyond the control of the Promoter, the Promoter reserves the right to substitute a prize of equal or greater value.
6. Any additional costs associated with the Prize, not specifically included in the Prize as described in Clause 6.1, are the sole responsibility of the Winner.
7. The Winner is responsible for all tax implications arising from the award of the Prize, if any. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings.

Winner Selection

1. Method of Selection: The winner of the Competition will be selected at random based on all valid entries, using an online random number generator (https://www.random.org/). The selection process will be conducted in a fair and impartial manner, with no undue influence or bias.
2. Timing: The selection process will take place within 7 days of the end of the Competition. The winner will be announced via email and on Spacegoods social media
3. Unclaimed Prizes: If a prize is not claimed within 3 days, the Promoter reserves the right to select an alternative winner using the same process as outlined in Clause 7.1. The original winner will forfeit their right to the prize.
4. Disputes: Any disputes regarding the selection process should be raised with the Promoter within 30 days. The Promoter's decision in relation to any dispute will be final and binding.

Winner Notification

1. The Winner(s) will be notified by the Promoter via email within 7 days of the end of the Entry Period. The notification will include details of how the Prize can be claimed.
2. The Winner(s) must claim their Prize within 3 days of the date of the Promoter's notification by responding to the Promoter's email and following the instructions provided.
3. If a Winner fails to claim their Prize within the specified period, or fails to comply with the instructions to claim the Prize, the Promoter reserves the right to consider the Prize as unclaimed.
4. In the event of an unclaimed Prize, the Promoter may at its discretion either redraw the Prize or donate the Prize to a charity of the Promoter's choice.
5. The Promoter reserves the right to disqualify a Winner if they are found to have breached these Terms and Conditions, and to select an alternative Winner in such circumstances.

Prize Delivery

1. The Prize will be delivered to the Winner using the method specified by the Promoter, which may include, but is not limited to, post, courier, email, or in-person delivery.
2. The Promoter will bear the cost of delivering the Prize, unless otherwise stated in these Terms and Conditions.
3. The Winner can expect to receive their Prize within 10 days of being notified of their win, subject to any necessary verification checks or other conditions specified in these Terms and Conditions.
4. If the Winner cannot be contacted or is not available, or has not claimed their Prize within 3 days of the announcement, the Promoter reserves the right to offer the Prize to the next eligible Participant selected from the correct entries that were received before the end of the Entry Period.
5. By accepting the Prize, the Winner agrees to any terms and conditions associated with the Prize, which will be communicated to them at the time of notification.
6. The Promoter reserves the right to substitute the Prize with another prize of equivalent value in the event that the original Prize offered is not available.
7. The delivery of the Prize is restricted to the United Kingdom unless otherwise stated in these Terms and Conditions.

Publicity

1. By entering the Competition, the Participant grants the Promoter, and any of its affiliates, the right to use their name, likeness, image, voice, and any other Personal Data submitted with their entry for promotional purposes related to the Competition, without any further compensation, notice, review, or consent, unless prohibited by law.
2. The Participant's consent to use their Personal Data for promotional purposes is specific to this Competition and does not extend to any other promotional activities by the Promoter.
3. The Promoter will only use the Personal Data provided by the Participant to the extent necessary for the promotional purposes outlined in Clause 10.1.
4. The Promoter will provide clear and transparent information to the Participant about how their Personal Data will be used, who it will be shared with, and how long it will be kept. This information will be provided in accordance with the Promoter's Privacy Policy.
5. The Promoter will ensure that all promotional activities conducted in relation to the Competition comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ("CAP Code").

Data Protection

1. The Promoter will collect and process the Personal Data of Participants in accordance with all applicable laws and regulations, including the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
2. The Personal Data collected may include email address, and other relevant information necessary for the conduct of the Competition. This data will be collected directly from the Participants when they enter the Competition.
3. The Promoter will use the collected Personal Data for the purpose of administering the Competition, notifying the Winners, and for any other purposes that the Participants have expressly consented to.
4. The Promoter may share the Personal Data with third parties who are assisting with the conduct of the Competition, including but not limited to prize suppliers and delivery services. All such third parties will be required to adhere to the same data protection standards as the Promoter.
5. The Promoter will take all reasonable steps to ensure that the Personal Data is securely stored and protected against unauthorised access, loss, destruction, or damage. The data will be retained for as long as necessary to fulfil the purposes for which it was collected, and in accordance with the Promoter's data retention policy.
6. Participants have the right to access, correct, delete, and restrict the processing of their Personal Data, and to object to its use. Any requests to exercise these rights should be directed to the Promoter using the contact details provided in these Terms and Conditions.
7. The Promoter reserves the right to update or change this data protection clause at any time. Any such changes will be posted on the Promoter's website and, where appropriate, notified to Participants by email.

Liability

1. The Promoter will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with the Competition or accepting or using the Prize, 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.
2. The Promoter is not responsible for any damage or loss caused to Participants where such damage or loss is not reasonably foreseeable to both the Participant and the Promoter when the Participant agrees to these Terms and Conditions, including where the damage or loss results from the Promoter’s breach of these Terms and Conditions.
3. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to Participant's or any other person's computer or mobile telephone related to or resulting from participation in the Competition.
4. The Promoter will not be liable for any failure to comply with its obligations relating to the Competition where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
5. The Promoter does not accept responsibility for any liability arising from technical incompatibility, problems relating to the internet, or technical difficulties of any kind.
6. The Promoter shall not be liable for any losses to the winner or any other person resulting from use of the prize, and it does not provide any form of insurance, including without limitation any public liability or cancellation insurance, for any prize in relation to the Competition.

Termination

1. The Promoter reserves the right to terminate the Competition at any time if circumstances beyond the Promoter's reasonable control make it necessary to do so. Such circumstances may include, but are not limited to, instances of fraud, technical difficulties, or if the minimum number of entries is not met.
2. In the event of termination, the Promoter will provide notice to the Participants as soon as reasonably practicable. The notice will be given via the same method used to communicate the Competition, or any other method the Promoter deems appropriate.
3. Upon termination, the Promoter may, at its sole discretion, decide to return any entry fees, if applicable, or provide an alternative prize of equivalent value. The Promoter's decision in this regard will be final and binding.
4. The Promoter will not be liable for any loss or damage suffered by Participants as a result of the termination of the Competition, except where such liability cannot be excluded by law.
5. Notwithstanding termination, the Clauses on Dispute Resolution, Governing Law, and Confidentiality, among others, will continue to apply.

Dispute Resolution

1. In the event of any dispute arising out of or in connection with the Competition, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by negotiation.
2. If the dispute cannot be resolved by negotiation within 30 DAYS of either party notifying the other of the dispute, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
3. If the dispute is not settled by mediation within 60 DAYS of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
4. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
5. The governing law of the contract shall be the substantive law of England and Wales
6. Each party shall bear its own costs incurred in resolving or settling any dispute, unless otherwise agreed between the parties in writing or determined by the arbitrator.
7. Any claim or cause of action arising out of or related to the Competition must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event that any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.

Governing Law

1. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
3. Participants from jurisdictions outside of England and Wales are responsible for ensuring that their participation in the Competition is lawful under their local laws. The Promoter accepts no responsibility for any breach of local laws that may occur as a result of a Participant's entry into the Competition.
4. Participants are advised to seek independent legal advice if they are unsure about the implications of these Terms and Conditions, particularly the governing law and jurisdiction clauses.

Amendments

1. The Promoter reserves the right to amend these Terms and Conditions at any time, provided that such amendments are necessary to comply with applicable laws, to correct errors or ambiguities, or to ensure the fair and proper conduct of the Competition.
2. Any amendments to these Terms and Conditions will be effective immediately upon being posted on the Spacegoods website (https://spacegoods.com/), or upon Participants being notified of the amendments by email or post, whichever occurs first.
3. By continuing to participate in the Competition after the Terms and Conditions have been amended, Participants are deemed to have accepted the amendments.
4. The Promoter affirms that any amendments to these Terms and Conditions will be made in accordance with the principles of fairness and transparency, as required by the Consumer Rights Act 2015 and the CAP Code. In particular, the Promoter will not make significant changes that would disadvantage Participants who have already entered the Competition.
5. The Promoter will keep a record of all amendments to these Terms and Conditions, and this record will be available for inspection by Participants upon request.

Severability

1. 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. 
2. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
3. If any provision or part-provision of these Terms and Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

Force Majeure Events

1. The Promoter shall not be liable to the Participant as a result of any delay or failure to perform its obligations under these Terms and Conditions as a result of a Force Majeure Event.
2. If the Force Majeure Event prevents the Promoter from performing its obligations for more than 2 weeks, the Promoter shall, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the Participant.
3. The Promoter shall use all reasonable endeavours to mitigate the effect of a Force Majeure Event on the performance of its obligations.
4. If a Force Majeure Event occurs, the Promoter shall notify the Participant as soon as reasonably practicable of the nature and extent of the Force Majeure Event causing its failure or delay in performance.