2. Who we are. This Website is operated by Heineken UK Limited, a company registered in Scotland under company number (SC065527) with registered office at 3-4 Broadway Park, South Gyle Broadway, Edinburgh EH12 9JZ. Our VAT number is GB 268 644912. To contact us, please e-mail us at Consumercare@heineken.co.uk
3. No entry for under-aged persons: This Website is intended only for residents in the UK of at least 18 years of age. Do not use this Website if you are younger than 18 and/or not resident in the UK. Date of birth verification is required to gain access of the Website and prompts may be located within the Website. Do not share or forward this Website to anyone under 18 years of age or anyone who is not resident in the UK.
7. We are committed to making the Website fully accessible. Using the guidelines set out by the W3C (World Wide Web Consortium) we aim to have our Website conform to a WAI (Web Accessibility Initiative) rating of 'A'. CSS & HTML markup complies with W3C guidelines up to priority 1.
8. Intellectual Property and Use of the Website. This Website contains material which may include but not be limited to audio, graphics, sound and video recordings, charts, text, databases, information, or images of places or people and any names, copyright, registered designs, logos, trademarks and/or service marks (“Materials”) which are owned by or licensed to Heineken UK and protected by international copyright, trade mark and other intellectual property laws. By using this Website, you acknowledge and agree that any Materials on this Website, are owned or licensed by Heineken UK. You shall not be permitted to reproduce, modify, reverse engineer, distribute, exploit, decompile, create derivative works of (or based on) these Materials, or do any other act which is otherwise than for your own personal use in the UK or in respect of which Heineken UK has provided its express prior written consent. Heineken UK will enforce its intellectual property rights to the fullest extent of the law. Any unauthorised use of these Materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and passing off.
9. Although the Materials and information on the Website are based on up-to-date information, and while Heineken UK makes all reasonable efforts to ensure that all content, information and Materials on this Website are correct, accuracy cannot be guaranteed and Heineken UK makes no warranties or representations of any kind as to its accuracy. If the need arises to update our Website, we may suspend access to our Website, or close it indefinitely.
10. User Submissions – Confidentiality. By using this Website you acknowledge and agree that any information, material or communication of any kind that you transmit, send or post to this Website, in any manner and for any reason (“User Submission”), will not be treated as confidential. You acknowledge and agree that Heineken UK has no obligation to use any idea or other material contained in any User Submission, and that you have no right to compel any such use. You acknowledge and agree that, as transmissions over the internet are never completely private or secure, any User Submission you send to this Website may be read or otherwise intercepted by a third party. Heineken UK does not assume and shall not have any special responsibility to you by virtue of your sending any User Submission to Heineken UK. Heineken UK does not accept or consider any creative ideas, concepts, suggestions or other materials from the public, and therefore you should not make any such submission to Heineken UK in any User Submission either through this Website or otherwise.
12. User Submissions – Lawful Use. In connection with User Submissions, you agree that you will not: (i) publish falsehoods or misrepresentations that could damage us or any third party; (ii) submit material that is unlawful, obscene, defamatory, threatening, indecent, seditious, offensive, abusive, pornographic, harassing, hateful, discriminatory, scandalous, inflammatory, blasphemous, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit material that could promote the excessive, irresponsible or underage consumption of alcohol; (iv) submit photographs of anyone under the age of 25; (v) submit material which is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or misuse the Website (including without limitation by hacking); (vi) post advertisements or solicitations of business; (vii) impersonate another person; or (viii) violate another person’s right to privacy. Notwithstanding that Heineken UK or other parties are involved in creating, producing or delivering this Website and may, from time to time, monitor or review transmissions, postings or discussions, Heineken UK assumes no responsibility for any liability that might arise from the content posted on the Website, including without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or invasion of privacy.
13. User Submissions – Opinions. Heineken UK does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
15. Linking from our Website. Although this Website may be linked to other sites on the internet, Heineken UK provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. These links will lead you to sites operated by third parties that operate under different privacy policies and we encourage you to review these privacy policies as we have no control over the information you may submit to those third parties. By entering this Website you acknowledge and agree that Heineken UK has not reviewed all sites linked to this Website and is not responsible for the content of any off-Website pages. Your linking to or viewing of any off-Website pages or other sites is at your own risk. We disclaim any and all warranties, express or implied, as to the accuracy, legality, reliability, accessibility or validity of any content, information or other materials contained on any other site.
16. Linking to our Website. You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other site. You must obtain our prior written permission to link any off-homepage pages to your website and we reserve the right to refuse permission at our sole discretion. We reserve the right to withdraw linking permission without notice.
19. Disclaimer. Any use and/or browsing of this Website is performed at your own risk. This Website (including, without limitation, all information, content, materials and functions made available on or through this Website) is provided to you “as is” without further representation or warranty of any kind, either express or implied. To the fullest extent permissible by law with regard to the contents of this Website, Heineken UK explicitly disclaims and makes no representations or warranties of any kind whatsoever: (a) for the accuracy, merchantability, fitness for a particular purpose, title or non-infringement of any content published on or made available through this Website by any visitor to our site or by anyone who may be informed of any of its contents; or (b) that the server or means that you use to access the server that makes this Website available is free of viruses, bugs or other components that may infect, harm or cause damage to your computer equipment, network connections or any other property when you access, browse, download from or otherwise use this Website.
20. Limitation of Liability. Under no circumstances, including but not limited to Heineken UK negligence, will Heineken UK, Heineken UK's group companies or any third party involved in creating, producing, hosting or delivering this Website, be liable for: (a) any losses, costs or expenses of any kind (including, without limitation, legal fees, expert fees or other disbursements); or (b) any damages whatsoever, whether direct, indirect, incidental, consequential, special, punitive or of any other kind or nature; whether arising out of or through your access to, the use of or browsing of this Website, or through your downloading of any materials, including, without limitation, anything caused by any viruses, bugs, human action or inaction, failure or malfunction of any computer system, phone line, hardware or software programs, or any other errors, failures or delays in computer transmissions or network connections, or otherwise, even if Heineken UK has been advised of the possibility of such losses or damages or the same is considered reasonably foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Heineken UK further assumes no responsibility, and will not be liable for, any loss or corruption of data on account of your access to, use of, or browsing of the Website, or your downloading of any Materials from the Websites. In no event shall Heineken UK's total liability to you for all damages, losses and causes of action (whether arising in contract, tort or otherwise) exceed the amount paid by you, if any, for access to the Website.
22. Reporting Intellectual Property. Heineken UK respects the intellectual property rights of others. It is our policy not to permit materials known by Heineken UK to infringe another party’s copyright to remain on any portion of the Website. If you believe any materials on any part of the Website infringe a copyright, you should provide Heineken UK Limited with written notice that at a minimum contains: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material claimed to be infringing or to be the subject of infringing activity that that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Heineken UK to locate the material; (d) information reasonably sufficient to permit Heineken UK to contact you, such as an address, telephone number and, if available, an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
INCH’S X PATCH PLANTS TERMS AND CONDITIONS
Promoter: Heineken UK Limited, 3-4 Broadway Park, South Gyle Broadway, EDINBURGH, EH12 9JZ
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 the Terms and Conditions and by entering this promotion all participants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.
The Promoter encourages responsible drinking and would direct consumers to read http://www.drinkaware.co.uk/ for more information.
Who can enter
1. Only open to GB residents aged 18 or over, excluding employees of any company in the Heineken group, Patch Garden Ltd, their immediate families, and any person whom, in the Promoter’s reasonable opinion, should be excluded due to their involvement or connection with this promotion. Excludes residents in Northern Ireland as plant delivery is not possible in Northern Ireland.
2. Internet access and a valid email address are required.
How to enter
3. The promotion opens on 09.05.2022 at 00.00 hours and closes on 18.09.2022 at 23:59 hours. Any entries received outside the promotional period will not be accepted.
4. To enter online , purchase any Inch’s product, then scan the promotion QR code (found on point of sale materials and targeted social media) or visit www.inchscider.co.uk/patch and follow the on screen instructions (enter name, email address and Date of Birth) and upload a picture of your can, pint or pack of Inch’s. Your standard network rates apply.
5. Maximum of 1 entry per person per day, limited by email address.
6. There are 2 tiers of prizes to be won:
a. 95 x £70 Patch Plant voucher codes
b. 2,660 x £35 Patch Plant voucher codes.
7. There are 2,755 prizes to be won in total across a 19 week promotional period.
8. Prizes are won online, based on randomly allocated winning moments pre-selected by a secure, independently-verified computer programme throughout the promotional period. An eligible entrant who enters the prize promotion immediately preceding a ‘winning moment’ will become a winner and allocated a prize. If a prize is not won in the winning time slot before the next winning moment, the prize will be allocated to the entry closest in time to the pre selected winning moment. The value of the prizes is allocated at random throughout the promotion period.
9. All valid entries received between the opening and closing dates set out in Term 3 above will be eligible to win a prize as set out in Term 11.
10. There is no cash or other equivalent to any prize in whole or in part. In the event of circumstances outside of its control the Promoter reserves the right to substitute a similar prize of equal or greater value. The prizes are not transferable in whole or in part. The Promoter reserves the right to reclaim the prize if it is transferred.
Winner notification and prize delivery
11. Winners will be notified they have won a £70 or £35 Patch Plant voucher code immediately online and will have a follow up email sent to them within 7 days with details of how to claim their prize. Price of plant excludes delivery costs. However delivery costs can be included in prize value in this if factored into the total spent.
12. The prize will be in the form of a voucher code that is redeemable on the Patchplants.com website. The voucher credit can be used on their own or with part payment and must cover delivery. The vouchers are valid until 31.12.2022. All purchases made through patchplants.com are subject to Patch’s Terms and Conditions and delivery schedules at patchplants.com. Winning emails will be sent to the email address provided on entry and the Promoter cannot take any responsibility for email addresses entered incorrectly. Winners are encouraged to monitor their email accounts, including junk and spam folders, during this time.
13. By submitting your entry, you are agreeing and confirming that:
• You shall be solely responsible for your entry;
• The entire copyright in the entry belongs to you;
• You have permission from all people appearing in the entry to submit the submission for these purposes;
• Your photograph does not disclose any personal or confidential information belonging to you or anyone else;
14. The Promoter reserves the right to reject and remove entries which, in the reasonable opinion of the Promoter:
a. are in breach of the Terms and Conditions;
b. contain any content that is indecent or inappropriate, false, misrepresenting, defamatory or malicious, offensive, obscene, pornographic sexual, derogatory, defamatory, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, which could reflect negatively upon the name, reputation or goodwill of the Promoter or INCH’S, or which is otherwise unsuitable for publication;
c. contains or refers to any third-party brand or reference any third-party names, logos and/or trademarks;
d. promotes any political agenda;
e. contains content deemed socially irresponsible or likely to breach the CAP Code including promoting excessive, irresponsible or underage consumption of alcohol or appearance of intoxication.
f. Suggests endorsement of the INCH’S brand by any celebrity
d. Anyone acting in a dangerous or irresponsible manner
i. Inclusion of content to which someone else owns the copyright, without the requisite authorisations
j. posting advertisements or solicitations of business:
l. technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You must not misuse the website (including without limitation by hacking).
15. All entry detail (name, email address, Date of Birth & entry photos) will be stored securely by the Promoter for the purposes of running this prize promotion and will be deleted if requested by the entrant at any time. To do so, contact the Promoter at firstname.lastname@example.org.
Additional terms and conditions
16. If fulfilment or any element of this promotion will be delayed or affected due to the continuing Covid-19 pandemic and resulting Government restrictions, all entrants affected will be contacted by the Promoter and kept updated of any unavoidable changes to the promotional dates, revised fulfilment dates or prizes.
17. 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 winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
18. An entry must be made directly by the individual entering the Promotion. Entries (bulk or otherwise) from agents, trade, consumer groups or third parties are invalid and will not be accepted. Entries submitted by macros or other automated means together with entries which do not satisfy the requirements of these Terms & Conditions in full will be disqualified and will not be counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that entrant’s entries into the Promotion in a way that is not consistent with the rules of the Promotion, that entrant’s entries will be disqualified and any prize awarded will be void. Entries received in excess of the limitation as set out in Term 6 will be invalid and will not be accepted.
19. The Promoter accepts no responsibility for lost, incomplete, illegible, misdirected, invalid or delayed entries, all such entries will be void. Proof of sending is not proof of receipt and promoter does not accept any responsibility for the non receipt or the late receipt of entries due to network failure or for any associated costs to entrants. No entries submitted via any other means will be accepted. Entrants who make an entry on someone else’s behalf will be disqualified. The promoter cannot guarantee uninterrupted or secure access to the entry route.
20. The Promoter reserves the right to verify all entries and winners and may refuse to award a Prize or withdraw prize entitlement or refuse further participation in the promotion 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 promotions entry requirements or otherwise where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means. The Promoter will be the final arbiter in any decisions, and these will be binding.
21. Provided no objection is received, if you are a winner, your surname will be made available by the Promoter to anyone sending a request to email@example.com one month after the closing date of this Promotion, for a period of 12 weeks. You can object to your surname being published or request for the amount of information being published to be reduced by making this known in an email to firstname.lastname@example.org. Without prejudice, the Promoter will provide this information to the Advertising Standards Authority on reasonable request.
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, traffic congestion, 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.
23. 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, the fulfilment of the prizes and/ or the use of 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.
24. 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.
25. The decision of the Promoter in all matters is final and binding and no correspondence will be entered into.
26. The Promoter is not responsible for any third-party acts or omissions.
27. The Promoter reserves the right to cancel or amend this promotion at any time due to circumstances beyond its control.
28. The Promotion and these Terms (including any non-contractual disputes or claims arising out of them) are subject to English law. Any disputes must be referred to the English and Welsh courts. Consumers in Scotland and Northern Ireland may additionally bring an action in their home courts.