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Buyagift X Kanishka Prize Draw - Terms and Conditions

These Terms and Conditions govern the ‘Buyagift X Kanishka Prize Draw' competition run by Buyagift.com Limited. Please read them carefully. By entering into the Prize Draw, all Participants are deemed to have read, accepted and agreed to be bound by these Terms and Conditions.

DEFINED WORDS: In these Terms and Conditions, a bold or capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to "we", "us" or "our" is a reference to Buyagift. Any reference to "you" or "your" is a reference to any Participant of the Prize Draw and these references may be used interchangeably.

The Parties:

  1. The promoter is Experience More Limited, whose registered office is at 10 Back Hill, London, England, EC1R 5EN ("Buyagift" or "Promoter").
  2. A participant refers to any entrant of the Prize Draw (the "Participant(s)").

A The Prize Draw:

  1. The title of the competition is "Buyagift X Kanishka Prize Draw" (the "Prize Draw").

B. How to enter:

  1. The Prize Draw will run from 00:01 on February 26th 2024 (the "Opening Date") to 23:59 on March 4th 2024 (the "Closing Date") inclusive.
  2. All Prize Draw entries must be completed and received by Buyagift by the Closing Date. Any and all Prize Draw entries which are not complete or those received after the Closing Date will be automatically disqualified.
  3. To enter the Prize Draw, Participants need to:
    1. Follow Buyagift UK's official Instagram Profile account (referred to as the "Social Media Page");
    2. 'Like' the relevant post(s) relating to the Prize Draw on the Social Media Page (the "Social Media Post") as directed in the caption of the Social Media Post; and
    3. Comment on the Social Media Post as directed in the caption, tagging one (1) friend. All Prize Draw entries are free and no purchase is necessary; however, an internet connection is required.
  4. Buyagift may change dates referred to in these Terms & Conditions where, at Buyagift's sole discretion, such a change is reasonably necessary. Such changes will be notified on either or both of the: (a) Social Media Pages or; (b) the Social Media Post(s).
  5. Buyagift accepts no responsibility for Prize Draw entries not successfully completed or not received by Buyagift due to a technical fault or technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
  6. Participants are limited to one (1) entry per account on the Social Media Page. A Participant's first time-stamped comment on the Social Media Post will be counted as an entry and will be entered into the Prize Draw provided a B.3 (a) and (b) above have been completed. All subsequent entries will be disregarded.
  7. All entrants must still be following the Social Media Page on the Announcement Date (defined below) in order for their entry to remain valid.
  8. By entering the Prize Draw, you are agreeing to be bound by these Terms and Conditions.

C. Eligibility:

  1. To be eligible to enter into the Prize Draw all Participants must be UK residents aged 18 years or over, with an active, individual Instagram account except:
    1. employees of Buyagift or its affiliated companies;
    2. employees of agents, suppliers or third parties directly associated with administration of the Prize Draw or professionally connected with the competition; or
    3. members of the immediate families or households of (a) and (b) above.
  2. In entering the Prize Draw, all Participants confirm that they meet the eligibility requirements under these Terms and Conditions and are eligible to claim any Prize they may win.
  3. Buyagift may reasonably require all Participants to provide proof that they meet the eligibility requirements for this Prize Draw.
  4. Buyagift will not accept Prize Draw entries that are automatically generated by a computer, algorithms or completed in bulk by third parties or on behalf of companies or businesses.
  5. Buyagift reserves the right to disqualify any Participants if Buyagift believes, at its sole discretion, that any Participant's conduct is contrary to the spirit or intention of the Prize Draw.

D. The Prize:

  1. There will be a total of one (2) winning Participants in this Prize Draw (referred to as the "Winner").
  2. The Winner will win:
    1. 1 x Three Course Lunch with a Signature Cocktail for Two at Kanishka.
  3. The Prize consists of only the item expressly set forth in clause 2.1(a) and (b).
  4. There is no cash alternative for the Prize and the Prize is not negotiable. If the Winner elects not to partake in any or all portions of the Prize, any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation.
  5. The Prize will be supplied by Buyagift.
  6. Buyagift will not deliver the Prize to any address outside the United Kingdom.
  7. Buyagift reserves the right to replace the Prize with an alternative prize of equal or higher value if circumstances beyond Buyagift's control make it necessary to do so.

E. The Prize Draw Winner:

  1. Buyagift will solely decide who the Prize Draw Winner shall be and this decision shall be final and binding and no correspondence or discussion will be entered into.
  2. The Winner will be randomly selected by a random number generator (and this will be overseen by an impartial adjudicator) on or around 11/03/2024 (the "Announcement Date").
  3. Buyagift will announce the Winner by commenting on the Prize Draw post on the Social Media Page (the "Prize Notification").
  4. Buyagift is required either to publish or make available information that indicates that a valid award took place. To comply with this obligation Buyagift will publish the Winner's social media account details on Buyagift's Social Media Page on or after the Announcement Date.
  5. If the Winner objects to any or all of its social media details and winning entry being published, the Winner must contact the Buyagift via private message on Buyagift's Social Media Page as soon as it receives the Prize Notification or via email to pr@buyagift.com.
  6. Notwithstanding the above, Buyagift must still provide the information and details of the Winners winning entry to the Advertising Standards Authority on request.

F. Claiming the Prize:

  1. The Winner will have fourteen (14) days from the date of the Prize Notification to claim the Prize, and to provide the information requested by Buyagift which shall include but is not limited to the postal address, phone number and any other information reasonably required by Buyagift (the "Relevant Information"), using the method specified in the Prize Notification.
  2. The Promoter will make reasonable efforts to contact the winner. In the event the Winner does not confirm their acceptance of the Prize or does not provide the Relevant Information for the purpose of delivering the Prize within the timeframe stated in clause F.1 of these Terms and Conditions, the Winner will be deemed to have automatically forfeited the Prize and shall have no recourse against Buyagift in any manner, including but not limited to in relation to these Terms and Conditions, the Prize or Prize Draw. Buyagift reserves the right to arrange for another eligible Participant to be selected in accordance with the process outlined in clause E of these Terms and this Participant shall be considered a Winner of the Prize Draw.
  3. Under no circumstance may the Prize be claimed by a third party on a Winner's behalf.

G. Limitation of liability:

  1. Insofar as is permitted by law, Buyagift, its agents, licensors 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.
  2. Clause G.1 of these Terms and Conditions shall not apply where loss, damage, personal injury or death is caused by the negligence of Buyagift, its agents, licensors or distributors or that of their employees. A Participant's statutory rights are not affected.

H. GDPR:

  1. Buyagift will only process a Participant's personal information as set out in Buyagift's privacy policy. For more information on how Buyagift processes data and a Participant's individual rights, please see Buyagift's Privacy Notice available at https://www.Buyagift.com/uk/privacy-notice/ (as amended from time to time).
  2. By entering the Prize Draw all Participants consent to the use of their personal data by Buyagift for the purposes stated in these Terms and Conditions.

I. General:

  1. If there is any reason to believe that there has been a breach of these Terms and Conditions, Buyagift may, at its sole discretion, reserve the right to exclude any individual from participating in the Prize Draw.
  2. Buyagift reserves the right to hold, void, suspend, cancel, or amend the Prize Draw where it becomes necessary to do so.
  3. If any part of these Terms and Conditions is held to be invalid or unenforceable, the remainder shall remain valid and enforceable.
  4. Buyagift's failure to act with respect to a breach of these Terms and Conditions does not constitute a waiver of its rights to act with respect to subsequent or similar breaches.
  5. The headings in these Terms and Conditions are for ease of reference only and do not affect the interpretation or construction of these Terms and Conditions.

J. Governing law and jurisdiction:

  1. These Terms and Conditions shall be governed by English law and all parties to these Terms and Conditions submit to the exclusive jurisdiction of the courts of England and Wales.