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Full Terms and Conditions for the SMA® Baby Club Photo Prize Draw June 2024

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of these Terms and Conditions and by participating all participants will be deemed to have accepted and be bound by them. Participants should retain a copy for their information.

The Promoter takes data protection seriously. By entering this promotion, participants confirm that they have read the Promoter’s Privacy Policy and agree to these Terms and Conditions of the promotion. By submitting any information required as part of their participation into the campaign, participants agree to their information being held and processed in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

  1. Open to UK & ROI residents aged 18 or over, excluding employees of Nestlé UK Ltd and their immediate families, its agents, or anyone else professionally connected with the promotion.

  2. Only one entry per person via the promotional landing page at https://www.smababy.co.uk/photo-prizedraw-June24/ or https://www.smababy.ie/photo-prizedraw-June24 throughout the duration of the promotion. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to circumvent this clause by tampering with the operation of the promotion, setting up multiple accounts, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive.

  3. No purchase necessary.

  4. There is one (1) prize available to be won in total consisting of a £200 John Lews eGift Card for use in store or online. The eGift Card will be valid for 24 months from the date of issue and subject to the terms of use of the issuer which can be found at Terms And Conditions | John Lewis & Partners.

    No cash or other alternative will be available in lieu of the stated prizes except in the event of circumstances beyond its control, the Promoter reserve the right to offer an alternative prize, in whole or part, of equal or greater value. The prize supplier is in no way associated with, or sponsors of, this promotion.

    How to enter

    • Participants may enter by completing an entry form and uploading a family photograph featuring their child / children / bump, with one or more parental figure to: https://www.smababy.co.uk/photo-prizedraw-June24 https://www.smababy.ie/photo-prizedraw-June24

    • The photo should be taken where possible in line with the guidelines listed on the entry form.

    • Entrants are required to provide their first and last name, a valid email address and date the picture was taken. Entrants must upload their picture, saved as a jpeg, png or pdf, via the ‘Select your picture’ link.

    • Submitted photos should be the entrant’s own/taken by the entrant. The entrant must be the parent or legal guardian of any child/children featured in the shared photo.

    • The winner will be drawn at random from all valid entries made via the website by 23:59 on 17.06.24. The Promoter will contact the winner by email within five (5) working days following prize draw on 18.06.24.

      I.P. By participating in the Promotion, the prize draw respondents license and grants the Promoter an exclusive, royalty free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, and display such content for any purpose in any media, without compensation, restriction on use, attribution, or liability. Participants agree not to assert any moral rights in relation to such use where the moral rights in respect of the content are theirs to assert. Participants warrant that any comments or photos are their own, have not been copied, in whole or in part, from any third party and they have full authority to grant these rights.

    • By participating entrants understand and agree to their comments and photos being publicly displayed on the SMA® social media, SMA® Baby Club emails and on smbaby.co.uk.

      1. Violent, negative or/and discriminative of any ethnic, racial, gender, religious, professional or age group, or be profane or obscene;

      2. Promote or be about the use of illegal drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous, or any particular political agenda or message;

      3. Be offensive or be about hate;

      4. Defame, misrepresent or contain negative remarks about the Promoter or its products, other people, products or companies;

      5. Contain trademarks owned by others or advertise or promote any brand or product of any kind, without permission;

      6. Contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples") without permission;

      7. Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission;

      8. Communicate messages or images inconsistent with the positive images and/or goodwill to which the Promoter wishes to associate;

      9. i. Depict, and cannot itself be in, violation of any law.

  5. The winner will be drawn at random by an independent third party from all valid entries received by the stated closing date. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to tamper with the operation of the promotion, setting up multiple accounts, aliases, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive. Entries (bulk or otherwise) from trade, agencies, third parties or automated entries are not permitted and will be disqualified.

  6. The Promoter reserves the right to remove any entrant from the prize draw whose photo it deems to be offensive, or it believes may cause offence to other participants.

  7. Photographs featuring pregnant women or infants seen to be under the age of 6 months will not be included in communications where SMA® product is referenced. They may be included in relevant stage communications where SMA® services are referenced.

  8. Prize draw closes at 23:59 on 17.06.24. Participation is via the method as outlined in Clause 4 above only. No postal or other entry method is available.

  9. The prize draw will take place using an independently verified random computer number generator within 24 hours of the prize draw closing date and the winner notified via email. Entries will be drawn from the https://www.smababy.co.uk/photo-prizedraw-June24 and https://www.smababy.ie/photo-prizedraw-June24 pages for a chance to win the prize. All entries will be pooled into one central draw regardless of entry route used. Whilst all reasonable steps will be taken to contact the winner, if this cannot be achieved within a further seven (7) working days and after three attempts, the Promoter reserves the right to cancel the prize entitlement and award the prize to a reserve winner who will be drawn at the same time as the original winner. If the reserve winner does not respond within 28 days of being notified and after three attempts, the prize entitlement will be withdrawn, and the prize removed from the promotion. On completion of the validation process, the prize will be sent by email within 28 days of confirmation.

  10. In the event of circumstances outside the reasonable control of the Promoter, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this promotion, and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these Terms and Conditions, at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.

  11. The Promotion and these Terms and Conditions will be governed by the laws of the participating country and any disputes as to the meaning of these Terms and Conditions will be subject to the exclusive jurisdiction of the participant’s local courts.

  12. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using the prizes, 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.

  13. The decision of the Promoter in all matters connected to this draw is final and binding.

  14. Promoter reserves the right to verify the winner and to refuse to award the prize or withdraw prize entitlement 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 an unfair advantage in participating in the promotion or won using fraudulent means.

  15. By taking part in the promotion, the winner agrees that the Promoter may contact them to ask whether they want to participate in marketing activities/PR relating to this promotion only. Such publicity may include, without limitation, the entrants’ name and/or if consent given, image or statements made by entrants concerning the promotion and/or prize obtained as part of the promotion. The winner(s) are not obliged to agree to any such requests.

  16. Subject to the Promoter’s Privacy Policy which can be found at Policy https://www.nestle.co.uk/en-gb/privacypolicy the surname and county of the verified winner will be available upon request by sending an email to: consumer.services@uk.nestle.com with the subject line WINNER’S LIST: SMA® BABY CLUB PHOTO PRIZE DRAW” for a period of three (3) months following the end of the promotion. The Promoter reserves the right to refuse any or all such requests. When contacting this email address, your request will be actioned in line with Nestlé’s Privacy Policy. If the winner objects to their information being published, then they can contact the Promoter by emailing: UKI.Dataprotection@uk.nestle.com with the subject line WINNER’S LIST: SMA® BABY CLUB PHOTO PRIZE DRAW” We may nevertheless disclose the information to the Advertising Standards Authority if required to do so.

  17. Data Protection: The Promoter will only use the personal details supplied for the administration of the promotion and the auditing of the entries where necessary and for no other purpose, unless we have your consent and you have opted-in to receive future marketing communications or prize PR. As part of this promotion, if you are not opted-in into our general marketing email, you may still receive emails/messages for this promotion only as part of the verification process and to make arrangements for the delivery of the prize. The surname and county of the verified winner will be made available as set out in the paragraph above and the winner can object to this by emailing: UKI.Dataprotection@uk.nestle.com. Otherwise, your personal details will at all times be kept confidential, and in accordance with the General Data Protection Regulation (GDPR). Click here for the Promoter’s Privacy Policy https://www.nestle.co.uk/en-gb/privacypolicy. You can request access to your personal data, or have any inaccuracies rectified, or request deletion of data by sending an email to: UKI.Dataprotection@uk.nestle.com. By participating in the promotion, you agree to the use of your personal data as described here. You can withdraw your consent at any time. For the purposes of this promotion, requests to delete personal data can only be actioned after the promotion has concluded and the winner has accepted their prize. Any data obtained via this promotion will be deleted after three (3) months of the promotional period end date with the exception of the winner and reserves whose data will be deleted after fulfilment of the prize.

  18. No responsibility can be accepted for any entries that cannot be made, are incomplete, corrupted, delayed or are not received for any reason whatsoever. The Promoter cannot assume any responsibility or liability for:

    • Any faulty or failed electronic data transmissions.

    • Communications line failure, regardless of cause, with regard to any equipment, networks, lines, satellites, servers, computers or providers used in any aspect of the promotion.

    • Any unauthorised access to the operation of this promotion.

    • Inaccessibility or unavailability of the internet.

  19. All normal Internet connection charges associated with the submission of an entry to the promotion shall be the entrant’s responsibility.

  20. To ensure fairness and the integrity of the promotion to all participants, the Promoter will not enter into discussions regarding the running of this promotion via social media but will respond to questions via consumer.services@uk.nestle.com.

  21. 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.

  22. 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 promotion 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 but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.

Promoter: Nestlé UK Ltd, Nestlé House, Haxby Road, York YO31 8TA