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FREENOW: The 2023 Mercury Prize with FREENOW – Social Media Promotion
Full Terms and Conditions
These terms and conditions (“Terms and Conditions”) are the rules which apply to the FREENOW: The 2023 Mercury Prize with FREENOW promotion (“Promotion”) by FREENOW to win Standard Balcony tickets (“Prize”) to the 2023 Mercury Prize with FREENOW (“Event”) to be held at Eventim Apollo, 45 Queen Caroline St, London W6 9QH (“Venue”) at 19:00 on Thursday 7 September 2023.
By entering the prize draw, entrants will be deemed to be bound by and have accepted these Terms and Conditions. These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry and claim instructions are deemed to form part of the Terms and Conditions and by participating, all entrants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information. Please note nothing in these Terms and Condition restricts the participant's statutory rights as a consumer and if required advice can be obtained from a Trading Standards Office or Citizens Advice Bureau for further information relating to these statutory rights.
Promoter: Transopco UK Limited (“FREENOW”), Harling House, Great Suffolk Street, London SE1 0BS, in collaboration with Mercury Prize Limited, Level 21, 40 Bank Street, London, E14 5DS.
Eligibility
This prize draw is open to United Kingdom (England, Scotland, Wales and Northern Ireland) residents aged 18 or over, excluding employees and their immediate families of FREENOW, its subsidiaries, other group companies, its agents, or anyone else professionally connected with this prize draw.
The prize draw period will run from Thursday 24 August 2023 to 23:59 on Wednesday 30 August 2023 inclusive (“Promotional Period”). Any entries received outside the Promotional Period will not be accepted.
Internet access required and entrants must have an active public Instagram account. If you do not have an account you will need to create one in order to participate – you will need an active email address in order to do this. No purchase necessary.
Max five entries per person will be counted. Anyone trying to circumvent this rule by using alternative details including but not limited to creating multiple Instagram accounts will be disqualified from this Promotion. Entries (bulk or otherwise) made from trade, consumer groups, syndicates, or third parties will not be accepted. If it becomes apparent that a participant is reposting the same content multiple times or using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’ or any other automated means, that person’s entries will be disqualified and any prize award will be void.
The entrant entering the promotion must be the owner of the Instagram account used. Proof of ownership of the Instagram account and proof of age may be requested.
Entrants entering the promotion must have a public profile Instagram account.
Any entries received from private accounts on Instagram will not be entered due to privacy restrictions. To enter from a private account, participants must amend their account settings to a public account in order for their entry to be accepted.
You must continue to keep your social media account on a public setting for 1 week after the end of the Promotional Period in order to be contacted if you are selected as a winner.
By submitting an entry to the Promotion, you understand and agree that you are providing information to the Promoter. You accept that this information will be retained for up to 3 months after the Prizes have been granted. This information will be processed in accordance with the Promoter’s Privacy Policy which can be viewed at: https://www.free-now.com/uk/passenger-privacy-policy/.
Entry Requirements
To enter the prize draw, you must do the following during the Promotional Period:
Login to your Instagram account, follow @freenow.uk, and in the comments section, provide your answer to “Tell us which shortlisted artist deserves to win the prestigious award and why”. Within your comment, use the hashtag #FEELFREENOW.
Entrants who do not give correct details or those who make an entry on someone else’s behalf will be disqualified, at the Promoter’s discretion.
Numerous factors outside the control of the Promoter may interfere with the operation of Instagram. The Promoter does not therefore guarantee continuous, uninterrupted or secure access to Instagram.
Incomplete, illegible, misdirected or invalid entries will not be accepted. Proof of sending will not be accepted as proof of delivery. The Promoter takes no responsibility for entries delayed, incomplete or lost due to technical reasons or otherwise.
The Promoter monitors responses to this Promotion and if any responses or any previous posts made by an entrant are, or could be regarded as, being disrespectful towards other members of Instagram communities or which contain anything which is likely to or could cause offence or distress will be removed from the Promotion.
An entrant’s use of Instagram is subject to the Terms and Conditions located at https://help.instagram.com/478745558852511.
Participants’ entries will be deemed invalid if any post contains offensive, defamatory, malicious, indecent or any other inappropriate content; includes the first name of any individual without their express permission; includes the surname of any individual; in the reasonable opinion of the Promoter, cause any widespread or serious offense taking into account prevailing community views or standards; contains any content that could reflect negatively on the name, reputation, or goodwill of the Promoter or any brand partner; includes trademarks, logos, or copyrighted material not owned by the entrant or used without the rights holder’s prior written permission (including famous names, company names etc); contains any images of children; or contains content deemed socially irresponsible or likely to breach the CAP Code.
All entries must conform to Instagram guidelines and terms and conditions.
Prize and Fulfilment
Entries must be received by 23:59 on Wednesday 30 August 2023 (“Closing Date”) to be entered into the prize draw.
Three prizes will be available to win during the Promotional Period. Each prize is for one winner and their guest (both aged 18 or over) and consists of two Standard Balcony tickets to the Event.
No transport or accommodation will be provided. The Prizes are as stated and nothing else is included. Proof of ID may be requested at the Event.
The winners and guests are responsible for all expenses not expressly stated in these Terms and Conditions as being included as part of the Prize.
There is no cash or other alternative for the Prize in whole or in part except that in the event of circumstances outside of its control, the Promoter reserves the right to substitute the Prize, or part of the Prize, with one of equal or greater value at the choosing and discretion of the Promoter.
Winner Selection and Notification: The prize draw will take place on or before Friday 1 September 2023 by an independent adjudicator who will randomly select the winners from all valid entries received during the Promotional Period.
The winners will receive a direct message via Instagram within 2 working days of the Closing Date of the Promotional Period. The winners will have 24 HOURS to accept the Prize by following the instructions provided in the initial winning notification. The winners will need to confirm that they are a UK resident aged 18+ and provide their full name, email address and county to accept their prize. Failure to do this, or if a winner is ineligible or rejects the Prize, will result in the Prize being forfeited and the Promoter may at its absolute discretion award the Prize to a reserve selected at the same time as the original winner or reallocate the Prize at its discretion without liability to the winner. The process will repeat until an eligible winner is able to claim the Prize until 23:59 on Monday 4 September 2023 after which any remaining Prizes will be null and void. The decision of the Promoter is final, and no correspondence will be entered into. Entrants are encouraged to monitor their Instagram direct messages during this time in case they are a winner.
Once winners have confirmed the required information listed above, they will be provided with information on how to collect their tickets and further Event information via email within at least 24 hours of the Event.
Other Important Information
The winners take part in the Prize at their own risk and to the fullest extent allowed by law; the Promoter accepts no liability with regard to such Prizes whatsoever. The Promoter will have no liability in relation to the conduct of the winners, nor in connection with any circumstances outside its control with respect to the Prize once delivered to the winners.
If any element of this Promotion will be delayed or affected due to the continuing Covid-19 pandemic, the Promoter will endeavour to update entrants as to any unavoidable changes to the promotional dates or the Prize.
The winners and their guests will be subject to the Mercury Prize Limited Ticket terms and conditions, a copy of which can be viewed at https://www.mercuryprize.com/terms-conditions and the full terms and conditions of the Venue which can be viewed on the Venue’s website.
Neither the winners nor any person associated with them (other than Mercury Prize Ltd or its agents) is entitled to assign, donate, transfer or otherwise dispose of the ticket itself or any rights arising from the ticket to any third party. In particular, but without limitation, a winner may not:
sell, resell, expose, offer, or make available for sale, auction, donation or otherwise dispose of ticket(s) in any manner or place whatsoever, including, without limitation, online via an online auction website or online ticket resale marketplace; and/or
transfer or use a ticket for advertising, sales or promotional purposes, premium give-aways, competitions, prize draws or sweepstakes, or hospitality or travel packages.
Mercury Prize Limited reserves the right at any time, and under its sole discretion, to withdraw, cancel, amend or void any ticket issued to the Event.
If a ticket is declared void or if a ticket holder is refused admission or removed from the Event because of a breach of the Mercury Prize Limited Ticket Terms and Conditions or of the Venue conditions, no money shall be refunded.
By being present at the Event, ticket holders consent to being filmed and/or recorded. Ticket holders also agree not to assert any moral (or similar) rights and give all necessary consents under the Copyright Designs and Patents Act 1988 (as amended) and all other applicable legislation in respect of any film and/or recordings. Mercury Prize Limited is entitled to make full use of any film and/or recording in all current and future media worldwide without any liability or payment to ticket holders, including permitting others to do the same.
General
The Promoter will make available the winners’ surname and county of residence upon request by emailing uk.support@free-now.com within 3 months after the closing date of this Promotion. The Promoter reserves the right to refuse any or all such requests. Entrants can object to disclosure, or request that disclosure be limited in scope by contacting uk.support@free-now.com. The Promoter may nevertheless disclose the information to the Advertising Standards Authority if required to do so.
It is the responsibility of the entrant to provide correct, up-to-date details when entering the Promotion and on acceptance of their Prize. The Promoter cannot be held responsible for a winner failing to supply accurate information which affects Prize acceptance or fulfilment of their Prize.
Sale, transfer or exchange of any part of the Prize package is strictly prohibited. Any attempt to sell, transfer or exchange the Prize will result in the Prize being withdrawn by the Promoter and the Prize will be declared null and void.
The Promoter will not be held responsible for a winner not taking advantage of the Prize due to health or any other reason.
The prizes must be taken by the winners in person unless otherwise agreed in writing with the Promoter.
The Promoter, Mercury Prize Limited and their associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, injury, damage or disappointment suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion 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 value of the Prize.
The Promoter reserves the right to verify all entries including but not limited to asking for proof of address and ID (passport, driving licence or equivalent) and to refuse to award the Prize or disqualify any entrant where there are reasonable grounds to believe there has been a breach of these Terms and Conditions, the spirit of the Promotion 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.
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion modify or suspend the competition or invalidate any affected entries. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.
The Promoter has no control over internet or communication networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter will not be held liable to any individual for any fraud committed by any third party nor for any event beyond its control including, but not limited to, user error and any network, computer, hardware or software failures of any kind which may restrict, delay or prevent a participant’s entry to the Promotion.
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.
This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering the promotion, all participants accept that they have no claim against Instagram whatsoever. By entering the promotion via Instagram all participants agree to a complete liability release for Instagram.
These Terms and Conditions (and any non-contractual issues which arise out of or in connection with them) will be governed by relevant local law with any disputes as to the meaning of these Terms and Conditions subject to the exclusive jurisdiction of the English and Welsh courts unless you live in another part of the UK, in which case your local courts will have jurisdiction.
Data Protection
Personal data is not shared with third parties except for the above purposes, in accordance with applicable law.
The Promoter will use the personal data you provide for the purposes of this promotion only. Your personal details will at all times be kept confidential and in accordance with current Data Protection legislation. Personal data will be retained in accordance with the Promoter’s retention policy. Further detail can be found in the Promoter’s Privacy Policy which can be viewed at: https://www.free-now.com/uk/passenger-privacy-policy/. .
By participating in the Promotion, you agree to the use of your personal data as described here. You can request access to your personal data, or have any inaccuracies rectified, by visiting here and including “The 2023 Mercury Prize with FREENOW– Social Media Promotion” as the subject.
The Promoter will share winner’s personal data (full name, and email address) with its service provider The Big Group Limited for the purposes of prize fulfilment, in accordance with applicable law. The Big Group’s privacy policy can be viewed at www.biggroup.co.uk/privacy.