These Terms and Conditions
1. These terms and conditions (which we will refer to as our "General Terms") are the overarching general terms and conditions that apply to all the competitions and prize draws promoted by Whitbread Group PLC, a company registered in England with company number 0029423 whose registered office is at Whitbread Court, Houghton Hill Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5XE and all affiliated group companies in the United Kingdom (which we will refer to as "Whitbread", "we" or "us"), whether on our websites, social media platforms or in our restaurants and/or hotels. We refer to all these competitions and prize draws as the "Promotions" in these General Terms.
2. In addition to these General Terms, Promotions will also have their own specific terms and conditions (such as the details of how to participate, any free entry route explanation, the start/closing dates, the nature and number of any prizes or gifts, the existence of any restrictions or limitations, such as age, date or geographical restrictions and any limitations of availability). Any such Promotion-specific terms and conditions will be made available as part of the promotion of the particular Promotion in publications and/or online. In these General Terms, we will refer to these Promotion-specific terms and conditions as the "Specific Terms".
3. You should therefore read these General Terms in combination with any applicable Specific Terms. Where any such Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
4. Unless the Specific Terms tell you otherwise, the promoter of the Promotions will be Whitbread. You can write to us at the address in paragraph 1 above if you have any concern in relation to any of our Promotions, setting out clearly (i) the name of the Promotion, (ii) the name of our restaurant, hotel or website running the Promotion and (iii) your issue.
5. We may change these General Terms at any time. You should check our website regularly for any changes, which will apply from the date that they are uploaded.
6. By entering any Promotion you agree that you will be legally bound by these General Terms and also any applicable Specific Terms.
7. Unless we impose a particular age limit in relation to any of our Promotions, they are open to all persons resident in the UK at the date of their entry. We reserve the right to require that the parent or guardian of any person aged 18 or less confirms in writing that they agree to be bound by the terms and conditions of the Promotion and will accept any prize on behalf of a prizewinner under the age of 18.
8. Certain Promotions may have additional eligibility requirements, for example valid passports, visas, driving licences and/or good physical health. Any such additional eligibility requirements will be published in Specific Terms of the relevant Promotion.
9. It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes. We reserve the right to disqualify any entry which does not comply with these General Terms.
10. Employees (and their immediate family and household members) of Whitbread, or any company involved in the Promotion, or any such company's subsidiary or associated companies, agents or members of their families or households, or any prize provider, or (if relevant) any advertising agency connected with a Competitor may not enter that Promotion.
Entering a Promotion
11. To enter, please follow the entry process for the relevant Promotion, which will be explained in the Specific Terms.
12. Entry to a Promotion may only be made through the applicable method(s) indicated in the Specific Terms. Not all of the following methods of entry may be available for entry to each Promotion. The following terms and conditions will apply where the method is indicated as being available in the Specific Terms. There is no charge to enter a Promotion unless stated otherwise. However if entry is made via text message, MMS or telephone call, your network provider will usually charge you according to their standard rate or deduct it from your allowance. Where entrants pay an entry fee, they must have the permission of the bill payer before entering; otherwise the entry will be invalid.
(a) Emails: Where a Promotion asks you to enter by email, your email must be addressed to the correct email address and must include the correct subject title, keywords or other answer format as required by the relevant Specific Terms. Entries which fail to do so will be void. Email entries are deemed to be received on arrival, not when they are sent from your email account.
(b) SMS/MMS: Where a Promotion asks you to enter using SMS, you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or shortcode and must include the correct keywords or other answer format as required by the Specific Terms of the Promotion. Entries which fail to do so will be void.
(c) Premium rates: Promotion entry may be by premium rate landline or mobile texts or calls. Your network provider may also charge varying amounts for these types of call and so the cost of your call may be more than as stated by us. In all cases, you should check costs with your network provider and you should have the bill payer's permission to enter using a premium rate method. Where entry is by telephone, entries that are submitted before lines open or after lines close will not be entered in the Promotion but we cannot guarantee that entrants will not be charged for the call or text made. You should note that invalid or unsuccessful entries made via these methods may still be charged. We will always comply with the PhonePayPlus code of conduct in relation to premium rate promotions. PhonePayPlus is the UK regulator of premium rate services and you can access their details here.
13. In all Promotions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of any of our publications, websites or brands. We accept no responsibility for any late, lost or misdirected entries, including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
14. Entrants must enter Promotions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
15. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Promotion more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
16. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Promotion repeatedly is prohibited.
17. Where an entrant or prizewinner has been found to be in breach of any of the terms and conditions of a Promotion and in particular where a person is in breach of the entry restrictions set out in rules 15 and 16 above, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prizewinner in question.
18. The prize or prizes will be as described in the relevant Specific Terms. Images used may be for illustrative purposes only, and colours and other minor details may vary.
19. All prizes are subject to availability, non transferable and non exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified by us. If a prizewinner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the winner. No cash will be awarded in lieu of that prize or part of it.
20. We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prizewinners must accept prizes in the form offered.
21. All prizewinners will be notified that they have won a prize within the time period set out in the relevant Specific Terms via at least one (1) of the following methods:
(a) by telephone; or
(b) in writing (including by email).
22. Where relevant, prizes will be despatched to the winner via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed or damaged in the post for reasons beyond our control.
23. Prizes will only be delivered to an address within the UK. Should a prizewinner's contact details change, it is their responsibility to notify us or the contact persons for the relevant Promotion.
24. We reserve the right to request proof of a prizewinner's identity in the form of a passport or driver's licence and proof of address in the form of a utility bill. In the event that a prizewinner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prizewinner.
25. Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
26. We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Promotions or prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
27. Where relevant, all stated prize values are at the supplier's recommended retail price in pounds sterling and are correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of a cheque in the name of the prizewinner. Any other arrangement will be at our discretion.
28. No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue or an event are not included, any accommodation prize includes basic room charge only and prizewinners shall be responsible for obtaining any insurance which may be required or prudent in relation to any prize awarded to them.
29. Obtaining time off work and/or study or related activities to participate in a Promotion and/or take a prize will be the sole and absolute responsibility of each contestant.
30. Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prizewinners agree to be bound by these. Subject to paragraph 56, Whitbread shall have no liability in relation to any prize provided by a third party provider.
Additional Terms relating to Holiday Prizes
31. Where we offer a holiday prize, please refer to the terms relating to it set out in the Specific Terms.
Events Related Prizes
32. Where the prize for any of our Promotions involve the winner's attendance at (or tickets to) an event, please refer to the terms relating to it in the relevant Specific Terms.
33. All prizes must be claimed within the time period set out in the relevant Specific Terms unless otherwise stated. We reserve the right to award prizes unclaimed after this period to alternative prizewinners or not to award them at all and we shall have no liability in respect of the entry initially selected. Any prize which is returned as undelivered will be used for another Promotion or sent to charity.
34. We reserve the right to award prizes unclaimed after this period to alternative prizewinners or not to award them at all.
35. If you call to claim a prize from a "withheld number" line you must provide us with your contact details, otherwise we may be unable to contact you and you may as a result forfeit your prize.
36. Where any prize is awarded via a prize draw, prizewinners will be chosen at random from all qualifying entries within the time period set out in the relevant Specific Terms.
37. If we become aware that the same person has been selected as a prizewinner more than once, we will draw another name.
Our Use of your Personal Information and Publicity
39. Should an entrant be required to submit a third party's personal information as a part of entry into or participation in any Promotion, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Promotions.
40. Prizewinners may be required to take part in related publicity, including (without limitation), publication of the name and image of the prizewinner along with their winning entry via our website, social media or other press and media channels. No fees shall be payable to any entrant in relation to their entry in any Promotion or any publicity relating to the Promotion.
41. Prizewinners also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Promotion and awarding the relevant prizes.
42. By entering the Promotion entrants warrant and undertake that the information submitted is true, accurate and complete.
Submission of Photographs and Videos
43. Should any Promotion require entrants to submit any photographs, sound or video clips as a part of entry into or participation and used in the Promotion (collectively referred to in these General Terms as "Media"):
(a) entrants warrant that they are the person in the Media and/or have prior approval from any person in the Media that it may be submitted as part of their entry;
(b) entrants agree that we have the right to publish and communicate to the public the Media in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the Promotion;
(c) entrants acknowledge that we may edit the Media in our sole discretion;
(d) entrants agree that we have the right to use entrants' names, likenesses and other personal information in conjunction with the Media;
(e) entrants agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Media;
(f) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Media; and
(g) entrants aged under 18 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).
Intellectual Property Rights
44. By entering our Promotions you:
(a) agree that the copyright and all other rights, title and interest in and in respect of your entry (including but not limited to any Media and any publicity materials) shall vest in and are hereby assigned to us (and this assignment shall operate to the extent necessary as a present assignment of future copyright and all other rights) and that we shall have the unrestricted right to deal with your entry or any part of it in any way that we think fit including but not limited to the right to edit, copy, add to, take from or adapt your entry;
(b) agree to waive any so-called "moral rights" in your entry and such rights under section 77 and section 80 of the Copyright Designs and Patents Act 1988 (the "CDPA") as you now have or hereafter acquire in relation to your entry and grant us all consents under Part II of the CDPA to enable us to make the fullest possible use of your entry;
(c) undertake to us that your entry is not in breach of any third party intellectual property rights and will not contain anything which is defamatory, indecent, harassing or threatening. If relevant, we reserve the right, but not the obligation (and without limiting your warranty as set out above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same; and
(d) confirm that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions necessary to grant us the same.
45. If any prizewinner is a child or young person (i.e. under the age of 18) we may require that the terms and conditions applicable to the Promotion (including these General Terms) be signed by the prizewinner's parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prizewinner's parent or legal guardian.
46. Holiday prizes are not available to persons under the age of 18 without written consent from a parent or legal guardian and unless accompanied by a parent or legal guardian.
47. Where entrants or prizewinners are required by us to sign a release or other document before participating in a Promotion and/or redeeming a prize and the entrant and/or prizewinner is under the age of 18 years, such document must be signed by that person's parent or legal guardian prior to their participation in the Promotion and/or the prize being awarded.
Termination and Other Matters
48. We may vary the terms of, or terminate, a Promotion at any time at its absolute discretion without liability to any contestant or other person. We will not award the prize if the Promotion is terminated.
49. If for any reason any Promotion is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Promotion, we reserve the right to cancel, terminate, modify or suspend the Promotion and/or any draw or judging related to the Promotion and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
50. All our decisions relating to the Promotion and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
51. Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
52. Where a Promotion involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
53. A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prizewinner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
54. We do not exclude or limit in any way our liability to you under these General Terms where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
55. Except as specifically set out in these General Terms and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
56. To the fullest extent permitted by law and subject to paragraph 54, we are not liable to any entrant or prizewinner in connection with or arising out of any Promotion, including for any costs, expenses, forfeited prizes, damages and other liabilities. For the avoidance of doubt, this paragraph 56 shall also apply in respect of any prize provided by a third party provider and to any social networking site (where the Promotion is hosted by a social networking site).
57. Where a promotion is hosted by a social networking site, the Promotion is in no way sponsored, endorsed, administered by or associated with that social networking site.
58. In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
59. These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.