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VAILLANT GROUP UK LIMITED ADVANCE MAGAZINE TWITTER PRIZE DRAW WITH VAILLANT PROMOTION

VAILLANT GROUP UK LIMITED

TERMS & CONDITIONS

1. QUALIFICATION

1.1 Subject to clauses 1.2, 1.3, 1.4 and 1.5 below, Vaillant Group UK Limited

(VAILLANT) provides this Advance magazine prize draw (Promotion), which

is open to applicants, over the age of 18 years, who are resident in mainland

United Kingdom, the Channel Islands, Isle of Man and/or Northern Ireland

(Territory) (Applicant, and the term Applicants shall be interpreted

accordingly).

1.2 The Promotion is not open to any Applicant who is, at any time during the period

indicated in clause 1.3 below, an employee of:

(a) Vaillant; or

(b) any other member of Vaillant’s group of companies; or

(e) any marketing services agency, handling house or other company

involved directly with the administration of the Promotion;

(f) or any member of any of such employees’ households.

1.3 The Promotion begins at 9:00am 12

th November 2018 and expires at 11:00pm

on Monday 3rd December 2018 (Period), unless extended or terminated by

Vaillant at any time. Any such extension or termination shall be set out by

Vaillant on its Valliant Twitter page.

1.4 To qualify for the Promotion the Applicant must, in the Territory and during the

Period:

(a) Be a Registered Gas safe engineer

(b) Be a subscriber to the Vaillant Advance Magazine

(c) Tweet correct answer and use the #AdvanceMag

2. THE PROMOTION

2.1 The Applicant may be required, upon request by Vaillant at any time, to provide

further documents:

(a) in support of their Entry; and/or

(b) in accordance with these terms and conditions (Conditions); and/or

(c) in accordance with the requirements of registration set out in clause 1.4;

and/or

(d) in accordance with clause 3.6.

2.2 Any Entry made outside the Period will be deemed invalid for the Promotion.

2.3 Early, late, illegible, incomplete, invalid, defaced or corrupt Entries will not be

accepted. An Entry made using a different method or technique from the method

set out in clause 1.4 above will not be accepted. No responsibility can be accepted

where any Entry is not validly registered for any reason.

2.4 Vaillant will be entitled to collect, store and use the email address, name,

telephone number and address of the Applicant from any registration details

obtained, in accordance with these Conditions and Vaillant’s privacy policy, as

provided from time to time by Vaillant at its website at www.vaillant.co.uk

(Website).

2.5 By making an Entry, Applicants agree to be bound by these Conditions.

2.6 reserves the right to change the qualification conditions for the Promotion.

Vaillant shall exercise reasonable endeavors to notify the Applicant of any such

changes and shall do so via the Website.

2.7 Vaillant reserves the right to amend or cancel the terms of the Promotion without

notice.

2.8 Vaillant regrets that it is unable to accept or send any other correspondence

concerning the Promotion other than as set out in these Conditions.

3 THE PRIZE AND WINNING ENTRY

3.1 The prize shall comprise of an ecoTEC plus domestic boiler and standard

horizontal flue

3.2 The Prize is non-transferable.

3.4 There will be a total of 1 prize awarded by Vaillant.

3.5 Vaillant will choose the winning Applicants at random on the last day of the

month during the Period. Each winner shall be chosen by Vaillant at their sole

discretion.

3.5 Winning applicant will be notified through Twitter Direct Mail, within 5 business

days of the expiry of the Period.

3.6 Each winning Applicant must:

(a) respond to Vaillant Club Energy by Direct Mail within 5 working days of

notification by @VaillantUK twitter account

(b) provide Vaillant with their address for delivery of the Prize; and

(c) provide any other documents and/or other necessary information,

requested by Vaillant from time to time.

3.7 If a winning Applicant:

(a) fails to respond within 5 working days of being notified by Vaillant in

accordance with clause 3.6 above; or

(b) fails to provide all relevant documents to Vaillant in accordance with

clause 3.6 above; or

(c) in any other way contravenes these Conditions;

then the winning Applicant’s Prize will be forfeit and Vaillant, on behalf of

Vaillant, will be entitled to select another winning Applicant. Any winning

Applicant who forfeits their Prize will not receive any payment or compensation

of any kind.

3.8 The Prize will be sent to the winning Applicant by tracked post by Vaillant,

within 30 business days of compliance by the Applicant in full with the terms of

clause 3.6 above. Delivery of the Prize may be subject to further terms and

conditions.

3.9 Where any part of the Prize is delivered by post, it will be delivered to the address

provided by the winning Applicant in accordance with clause 3.6. Vaillant

accepts no responsibility for any non-receipt of notification of delivery address

or incorrect delivery of the Prize.

3.10 It is the Applicant’s responsibility to ensure that the contact details provided to

Vaillant in accordance with clause 3.6 are up to date and/or correct. Vaillant

accepts no responsibility for delivery and/or email to the wrong address in the

event that the Applicant failed to update their details, or such details being

inaccurate.

3.11 The decisions of Vaillant in respect of any and all aspects of the Promotion will

be final and binding.

4 PRIVACY, COPYRIGHT AND INTELLECTUAL PROPERTY

4.1 Vaillant may keep the Applicant informed of Vaillant’s products and services by

email, post and/or telephone, in accordance with:

(a) the consents provided by the Applicant in accordance with the terms &

conditions applicable to all users of the applicable social media pages; and

(b) the consents provided by the Applicant to from time to time; and

(c) its privacy policy, as set out on the Website from time to time.

4.2 The Applicant may write to Vaillant at the address provided in clause 8.1, if they

do not want to receive any information in accordance with clause 4.1 above, or

alternatively email Vaillant at info@Vaillant.co.uk.

4.3 The Applicant expressly authorises Vaillant to provide the Applicant’s details to

third parties, or such part(s) of their details as is necessary, to comply with these

Conditions, and/or any applicable law.

4.4 The Applicant acknowledges that Vaillant and/or other members of its group of

companies are the owner of any and/or all Intellectual Property Rights relating

to the names, logos, trademarks, products, services, get-up, van livery, trade

dress, labels, stickers, promotional leaflets, flyers and posters used in the

Promotion from time to time (Marketing Materials). For the avoidance of

doubt, in these Conditions, Intellectual Property Rights means any and/or all

patents, utility models, rights to inventions, copyright and neighbouring and

related rights, moral rights, trademarks and service marks, business names and

domain names, rights in get-up and trade dress, goodwill and the right to sue for

passing off, rights in designs, database rights, rights to use, and protect the

confidentiality of, confidential information (including know-how and trade

secrets) and all other intellectual property rights, in each case whether registered

or unregistered and including all applications and rights to apply for and be

granted, renewals or extensions of, and rights to claim priority from, such rights

and all similar or equivalent rights or forms of protection which subsist or will

subsist now or in the future in any part of the world.

4.5 The Applicant acknowledges that any Marketing Materials provided to the

Applicant by Vaillant, any member of Vaillant’s group of companies and/or any

other marketing services agencies, handling houses or other companies involved

directly with the administration of the Promotion in accordance with these

Conditions, may contain Intellectual Property Rights. The Applicant’s license, if

any, to use any such Marketing Materials and/or any of the Intellectual Property

Rights in them, is solely for the Applicant’s benefit and the Applicant is

prohibited from sub-licensing, assigning, transferring and/or dealing with any

such Intellectual Property Rights and/or Marketing Materials in any way.

4.6 The Intellectual Property Rights in the Vaillant name and logo are owned by

Vaillant GmbH, a company registered in Germany whose registered office is

Berghauser Str. 40, Remscheid, Germany, 42859.

5 LIABILITY

5.1 Nothing in these Conditions shall limit or exclude Vaillant’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its

employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and

Services Act 1982 (title and quiet possession); or

(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979

(title and quiet possession); or

(e) defective products under the Consumer Protection Act 1987.

5.2 Subject to clause 5.1 above:

(a) Vaillant shall under no circumstances whatever be liable to the Applicant

in respect of this Promotion, whether in contract, tort (including

negligence), breach of statutory duty, or otherwise, for any loss of profit,

or any indirect or consequential loss arising under or in connection with

the Promotion;

(b) Vaillant shall under no circumstances whatever be liable to the winning

Applicant in respect of the choice, quality, relevance and/or

appropriateness of the Prize, and/or any injury or damage caused by or

arising from their use of the Prize; and

(c) Vaillant’s total liability to the Applicant in respect of all other losses

arising under or in connection with any Entry made under the Promotion

and/or the Prize, whether in contract, tort (including negligence), breach

of statutory duty, or otherwise, shall in no circumstances exceed the value

of the Prize.

5.3 The Applicant shall keep Vaillant indemnified against all liabilities, costs,

expenses, damages and losses (including but not limited to any direct, indirect or

consequential losses, loss of profit, loss of reputation and all interest, penalties

and legal costs (calculated on a full indemnity basis) and all other reasonable

professional costs and expenses) suffered and/or incurred by Vaillant as a result

of or in connection with any claim made against Vaillant by a third party arising

out of or in connection with the Promotion, to the extent that such claim arises

out of or is contributed to by the breach by the Applicant and/or its employees,

agents or subcontractors of these Conditions.

5.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the

terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982

are, to the fullest extent permitted by law, excluded from these Conditions.

5.5 Vaillant is not responsible or liable for any technical, hardware, software, server,

website, or other failures or damage of any kind to the extent that this prevents

the Applicant from or otherwise obstructs the Applicant from participating in the

Promotion.

5.6 The Applicant shall be liable for any and/or all taxation liabilities that may arise

under or in accordance with the Promotion (Tax Liability). For these purposes,

Tax Liability shall include any and/or all of the following:

(a) income taxes, including any taxes arising from benefit in kind taxes;

(b) National Insurance; and

(c) any other relevant United Kingdom taxes; and/or

(d) any other relevant corporate tax or other tax liabilities.

6 FRAUD AND OTHER EVENTS

6.1 Vaillant reserves the right to audit each Entry to ensure that these Conditions

have been met and to request reasonable additional information, and supporting

documents, regarding an Entry.

6.2 Vaillant reserves the right to modify or discontinue, temporarily or permanently,

the Promotion with or without prior notice due to reasons outside its control

including, but not limited to, anticipated, actual or suspected fraud.

6.3 Vaillant shall not be liable for any failure to comply with these Conditions where

the failure is caused by something outside its reasonable control. Such

circumstances shall include, but not be limited to, acts of God, adverse weather,

fire, flood, computer virus, mobile phone failures, bugs, sabotage, strike,

industrial dispute, war, hostilities, political unrest, riots, civil commotion or

unrest, terrorism or supervening legislation. Accordingly, Vaillant may at its

absolute discretion vary or amend the Promotion and the Applicant agrees that

no liability shall attach to Vaillant as a result.

6.4 Submission of a false, incorrect, misleading or fraudulent Entry, information or

other supporting documentation may result in disqualification from this

Promotion and/or all future promotions run by Vaillant and in the Applicant

being subject to prosecution.

7 GENERAL

7.1 The parties agree that the Conditions constitute the entire agreement between

them, and supersede all other drafts, agreements, arrangements and

understandings between them, and any terms contained in any of the Marketing

Materials.

7.2 The Promotion and these Conditions shall be governed by the law of England

and Wales.

7.3 The Applicant and the Promoter irrevocably submit to the non-exclusive

jurisdiction of the courts of England and Wales. However, if the Applicant is a

consumer and is resident in Scotland, the Applicant may also bring proceedings

in Scotland.

8 THE PROMOTER

8.1 The Promoter is Vaillant Group UK Limited, a company registered in England

and Wales with company number 00294316 and whose registered office is at

Nottingham Road, Belper, Derbyshire, DE56 1JT.

8.2 Applicants and/or Applicants should not send requests to enter the Promotion to

any address set out in these Conditions, as they will not qualify for the Promotion

and will not be responded to.

8.3 For questions regarding the status of an Entry, please email:

info@Vaillant.co.uk.

Please retain a copy of these Conditions for your reference.