Terms and Conditions
Last updated: April 22, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: United Kingdom
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Louise Pentland.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Louise Pentland, accessible from https://www.louisepentland.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: meghan.peterson@ymugroup.com
Very’s special Christmas gift prize draw
Terms and conditions
- The Promoter
The promoter is: Sprinkle of Glitter Limited of c/o YMU Group, 180 Great Portland Street, W1W 5QZ London.
- The pRIZE DRAW
- The title of the prize draw is Very’s Special Christmas Gift.
- Sprinkle of Glitter Limited and Very have joined forces to launch a prize draw for followers and fans of Louise Pentland and Very. Participation in the prize draw will offer the chance for one eligible entrant to win a collection of Christmas toys, of approximately £600 in value, available from Very.co.uk as set out in condition 5.1.
- How to enter
- The prize draw will run from 18:00 GMT on 30.11.22 (the “Opening Date”) to 23:59 GMT on 06.12.22 (the “Closing Date”) inclusive.
- All entries must be received by the Promoter via Instagram account @louisepentland by no later than 23:59 GMT on the Closing Date. All entries received after the Closing Date are automatically disqualified.
- To enter the prize draw enter, you must follow @louisepentland and @veryuk and tag two friends in the comments of @louisepentland’s Instagram post officially announcing this prize draw.
- No purchase necessary and there is no charge to register for use of the website.
- The Promoter will not accept responsibility for entries that are lost, 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.
- By submitting an entry, you are agreeing to be bound by these terms and conditions.
- Eligibility
- The prize draw is only open to all residents in the UK (other than Northern Ireland) aged 18 years or over, except:
- employees of the Promoter, Very or each of their holding or subsidiary companies;
- employees of agents or suppliers of the Promoter, Very or each of their holding or subsidiary companies, who are professionally connected with the prize draw or its administration; or
- members of the immediate families or households of 1.1 and 4.1.2 above.
- In entering the prize draw, you confirm that you are eligible to do so and eligible to claim the prize. The Promoter may require you to provide proof that you are eligible to enter the prize draw.
- The Promoter will not accept prize draw entries that are:
- automatically generated by computer;
- completed by third parties or in bulk;
- illegible, have been altered, reconstructed, forged or tampered with;
- photocopies and not originals; or
- You may enter this prize draw as many times as you wish. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
- Each valid entry will be entered into a prize draw. The winner will be selected at random via a computerised winner
- The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize draw.
- The prize draw is only open to all residents in the UK (other than Northern Ireland) aged 18 years or over, except:
- The prize
- The prize is a collection of Christmas toys, of approximately £600 in value, available from Very.co.uk for one winner.
- There is no cash alternative for the prize.
- The prize is not negotiable or transferable.
- The Promoter shall be entitled to substitute the whole or a part of the Prize for an alternative prize or prizes including substituting at its reasonable discretion should circumstances beyond its control arise.
- Winners
- The decision of the Promoter is final and no correspondence or discussion will be entered into with any entrant or winner except where permitted or undertaken by the Promoter.
- The Promoter will contact the winner personally as soon as practicable after the Announcement Date, using Instagram’s direct message function to the Instagram account associated with the prize draw entry. In order to claim your prize, you will need to respond to the direct message.
- The Promoter must either publish or make available information that indicates that a valid prize winner was selected and a valid prize award took place. To comply with this obligation the Promoter will share the first name and county (unless the county is unknown) of the winner via @louisepentland]’s Instagram account within 14 days of the Closing Date (“Announcement Date”) and Very will send their prize within six weeks of the Closing Date.
- If you object to any or all of your name, county and winning entry being published or made available, please contact the Promoter via the Instagram direct message the Promoter contacted you through, prior to the Announcement Date and the public sharing of the announcement. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
- Claiming the prize
- If you are the winner of the prize, you will have 14 days from the Announcement Date to claim the prize by replying to the Instagram direct message the Promoter contacted you through. If you do not claim the prize by this date, your claim will become invalid.
- The prize may not be claimed by a third party on your behalf.
- The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 14 days of the Announcement Date, the Promoter reserves the right to offer the prize to the next eligible entrant selected from the correct entries that were received before the Closing Date.
- The Promoter does not accept any responsibility if you are not able to take up or accept the prize.
- Limitation of liability
Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
- Ownership of PRIZE DRAW entries and intellectual property rights
- All prize draw entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
- By submitting your prize draw entry and any accompanying material and in consideration of your chance to win the prize, you agree to:
- assign to the Promoter all your intellectual property rights with full title guarantee; and
- waive all moral rights,
in and to your prize draw entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
- You agree that the Promoter may, but is not required to, make your entry available on its website or other website it nominates, its social media channels and any other media, whether now known or invented in the future, and in connection with any publicity of the prize draw. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the prize draw entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the prize draw entry and any accompanying materials for such purposes.
- Data protection and publicity
- The Promoter will only process your personal information as set out in the https://www.louisepentland.com/privacy-policy/ and for the purpose of such privacy policy, the Promoter will be deemed the “data controller”.
- The Operator will only receive data from the winning entrants being: the entrant’s name, email and county of residence which shall be used in accordance: (a) with condition 3 and, condition 6.4, and condition 9.3 with regard to the announcement of winners.; (b) with condition 7.1 in order to administer the prize and (c) for its internal business purposes and legal and regulatory compliance purposes. The data may be shared with third parties for the sole purposes of assisting with (a), (b) and (c).
- If you object to any part or all of your name, county and winning entry being published, used or made available in accordance with conditions 10.1 and 10.2, please contact the Promoter via Instagram account @louisepentland.
- General
- If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the prize draw.
- The Promoter reserves the right to hold void, suspend, cancel, or amend terms and conditions of this prize draw at any time where it deems it necessary to do so.
- By entering the prize draw, you hereby:
- completely and irrevocably release Instagram from any liability whatsoever related to this prize draw; and
- acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
- These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
Prize Draw Terms & Conditions – Epoch Making Toys
- This prize draw is open to residents of the UK, Channel Islands and Isle of Man aged 18 years or over. Proof of age, identity and eligibility may be requested.
- Details of how to enter are on Louise Pentland’s Instagram page and form part of the terms and conditions. For details of the prize draw, the prize and how to enter, see the Instagram channel.
- Entries must be submitted via one of these Instagram, or Facebook channel instagram.com/louisepentland
- The giveaway starts 18:00 on 25 November 2022 and ends at 20.00 on 1st December 2022
- For details of the prize draw, the prize and how to enter, see the Instagram channel.
- We may by notice on our website extend the closing date and time if we reasonably think that circumstances require this.
- Late, illegible or incomplete entries will not be accepted. We accept no responsibility for participants being unable to connect to our website or any third party website to participate in the prize draw, or if your entry is late or lost, due to any problem, technical or otherwise connected with your email or web connection. Proof of transmission is not proof of receipt.
- The winner will be decided by us in accordance with the criteria set out on the Instagram channel (if any) and this decision shall be final. No correspondence relating to the prize draw will be entered into.
- The winner will be notified within 7 days of the closing date of the prize draw.
- The winner’s name may be published on social media channels after the closing date of the prize draw.
- The prize is non-transferable and there are no cash alternatives.
- Events may occur that render the prize draw itself or the awarding of the prize impossible due to reasons beyond our reasonable control and accordingly we may at our absolute discretion vary or amend the prize draw and the entrant agrees that we shall have no liability as a result thereof.
- If you win the prize draw, you may be required to participate in publicity and you agree to this and to the publishing of your name on our website and in any other promotional materials.
- We will own the copyright and all other intellectual property rights in all entries to the prize draw and in consideration of us allowing you entry to the prize draw, you hereby irrevocably and with full title guarantee assign to us all such rights.
- Entry to the prize draw is free and no purchase is necessary.
- These terms and conditions are governed by English law.
- The promoter of this prize draw is Playtime PR Ltd.
- By entering the prize draw, you hereby:
-
- completely and irrevocably release Instagram from any liability whatsoever related to this prize draw; and
- acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.