Terms and conditions
1.1 Subject to clauses 1.2 and 1.3 below, Vaillant Group UK Limited (Vaillant), in conjunction with the Guardian newspaper, part of the Guardian Media Group (Guardian), provides this Guardian Free Vaillant Boiler Prize Draw promotion (Promotion), which is open to residents of the United Kingdom, who are over the age of 18 years (Applicant, and the term Applicants shall be interpreted accordingly). For the avoidance of doubt, for the purposes of this Promotion, the United Kingdom includes the Channel Islands, Isle of Man and Northern Ireland (Territory).
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) the Guardian; or
(c) any other member of Vaillant’s group of companies; or
(d) any other member of the Guardian’s group of companies; or
(e) any marketing services agency, handling house or other company involved directly with the administration of the Promotion;
or any member of any of such employees’ households.
1.3 The Promotion begins on 25 November 2016 and expires at 11:59pm on 28 February 2017 (Period), unless extended or terminated by Vaillant or the Guardian at any time. Any such extension or termination shall be set out by Vaillant on its website at www.vaillant.co.uk (Vaillant Website) and/or on the Guardian website at www.theguardian.com (Guardian Website).
1.4 To qualify for the Promotion the Applicant must, in the Territory and during the Period, go to the Guardian Website and:
(a) follow the entry instructions specified for the Promotion; and
(b) provide their full name, postal and email address, and telephone number;
(Entry, and the terms Entries, Entrant and Entrants shall be interpreted accordingly).
1.5 For the avoidance of doubt:
(a) no purchase is necessary to enter the Promotion or win the Prize; and
(b) each Applicant may only make one Entry for the Promotion.
2 The Promotion
2.1 The Entrant 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 and/or received by the Guardian 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.
2.5 By making an Entry, Entrants who opt in agree to be bound by these Conditions.
2.6 Vaillant reserves the right to change the qualification conditions for the Promotion. Vaillant shall exercise reasonable endeavours to notify the Entrant of any such changes and shall do so via the Guardian Website.
2.7 Vaillant regrets that it is unable to accept any method of entering the Promotion other than as set out in these Conditions.
3 The Prize and winning Entry
3.1 The prize shall be as follows:
(a) one (1) Vaillant ecoTEC boiler; and
(b) one standard Vaillant flue; and
(c) one Vaillant vSMART control; and
(d) £2000 worth of boiler installation costs;
(e) £2,500 worth of John Lewis vouchers
3.2 For the avoidance of doubt, if the winning Entrant’s boiler installation costs, including applicable VAT:
(a) are less than £2000, the Prize will include payment of those installation costs in full; or
(b) are more than £2000, the Prize will include payment of £2000 only, towards those costs, and the winning Entrant must meet any shortfall.
3.3 Vaillant may in its absolute discretion substitute cash value for the Prize or offer an alternative prize of equal or greater value with any other manufacturer or provider. The care, maintenance and warrantee for the installation of the Vaillant boiler will be the soul responsibility of Vaillant, as will the care and maintainance of the boiler following installation. Any issues with the installation or boiler are singularly the responsibly of Vaillant.
3.4 Subject to clause 3.3 above, the Prize is subject to availability, is non-transferable and there are no cash alternatives.
3.5 There will be one Prize and the winning Entrant shall be chosen at random by the Guardian, at 2pm on 22 February 2017 (Draw).
3.6 The winning Entrant shall be notified by email by Vaillant within 15 business days of the Draw.
3.7 The winning Entrant must:
(a) respond to the Guardian within 48 hours of notification by Vaillant; and
(b) provide any other documents and/or other necessary information, requested by the Guardian from time to time.
3.8 If the winning Entrant:
(a) fails to respond within 48 hours of being notified in accordance with clause 3.6 above; or
(b) fails to provide all relevant documents to the Guardian in accordance with clause 3.7 above; or
(c) in any other way contravenes these Conditions;
then the winning Entrant’s Prize will be forfeit and the Guardian will be entitled to select another winning Entrant. Any winning Entrant who forfeits their Prize will not receive any payment or compensation of any kind.
3.9 The Prize will be sent to the winning Entrant by recorded delivery, within 2 months of compliance by the Entrant in full with the terms of clause 3.7 above.
3.10 Where any part of the Prize is delivered by post, it will be delivered to the address provided by the winning Entrant in accordance with clause 1.4 and/or 3.7 above. Vaillant accepts no responsibility for any non-receipt of notification of delivery address or incorrect delivery of the Prize.
3.11 It is the Entrant’s responsibility to ensure that the contact details provided to Vaillant in accordance with clause 1.4 and/or 3.7 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 Entrant failed to update their details, or such details being inaccurate.
3.12 The name and county of residence of the winning Entrant will be made available to those individuals who send a request enclosing a stamped addressed envelope marked for the attention of Vaillant Group UK Ltd Marketing Department to Guardian Free Vaillant Boiler Prize Draw Promotion, Vaillant Group UK Limited, Nottingham Road, Belper, Derbyshire DE56 1JT, and this information may at Vaillant’s discretion be published on the Website.
3.13 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 Entrants have the right to opt in or opt out of sharing their data with Vaillant or third parties of the Guardian. For all opt in Entrants, Vaillant may keep the Entrant informed of Vaillant’s products and services by email, post and/or telephone, in accordance with:
(a) the consents provided by the Entrant to Vaillant from time to time; and
4.2 The Entrant may write to Vaillant at the address provided in clause 3.12, if they do not want to receive any information in accordance with clause 4.1 above, or alternatively email Vaillant at [email protected]
4.3 The Entrant expressly authorises Vaillant to provide the Entrant’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 Entrant 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, trade marks, 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, trade marks 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 Entrant acknowledges that any Marketing Materials provided to the Entrant by Vaillant, any member of Vaillant’s or the Guardian’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 Entrant’s licence, if any, to use any such Marketing Materials and/or any of the Intellectual Property Rights, is solely for the Entrant’s benefit and the Entrant 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.
5.1 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 winning Entrant 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
(b) Vaillant’s total liability to the Entrant 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 Entrant 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 Entrant 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 Entrant from or otherwise obstructs the Entrant from participating in the Promotion.
5.6 The Entrant shall be liable for any and/or all taxation liabilities that may arise under or in accordance with the Entrant’s participation in 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 benefits in kind;
(b) National Insurance;
(c) any other United Kingdom taxes; and
(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 in its absolute discretion vary or amend the Promotion and the Entrant 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 Entrant being subject to prosecution.
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 Entrant and Vaillant irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales. However, if the Entrant is a consumer:
(a) living in Scotland, the Entrant may also bring proceedings in the Scottish courts; or
(b) living in Northern Ireland, the Entrant may also bring proceedings in the Northern Irish courts.