- The promoter of the competition is Laithwaite’s Wine, One Waterside Drive, Arlington Business Park, Theale, Berkshire, RG7 4SW (“LW”).
2. The competition is open to all residents of the U.K. (England, Scotland, and Wales but not Northern Ireland) who have reached at least twenty five (25) years of age at the time of entry (the “Competition”). The Competition is not open to directors, officers, agents, contractors and employees of LW, any of its affiliated or associated entities or divisions, their advertising and promotional agencies or members of the aforementioned individuals’ respective immediate families living in the same household.
3. By participating in the Competition, each participant accepts these terms and conditions of the Competition and agrees to be bound by them. The Competition is subject to all applicable laws.
4. To enter the Competition:
a. the entrant must take a 60 second video of themselves pretending to access stairs to fetch a bottle of wine from a fake in-house wine cellar;
b. the video must not be in any way obscene, offensive or defamatory, and must not infringe any person’s intellectual property rights including the use of any copyright music (and any such entries will be excluded from the prize draw);
c. @laithwaites.wine on Instagram and post the video on their personal, public Instagram account as a standalone post (i.e. not on Stories) by 23:59:59pm on Saturday 21 November 2020;
d. the post must tag @laithwaites.wine on the video or in the caption, and the caption should also include the hashtag #LaithwaitesWineCellarFeeling;
e. the post must remain on the entrant’s feed for the duration of the competition, until a winner is announced; and
f. it must be clear from the video that wine is not being fetched from an actual wine cellar, and that any wine offered to or consumed by individuals is done so by individuals who are at least 25 years of age; and
g. the video must not feature any children or persons under the age of 25;
5. Only one (1) entry per person. Multiple entries may cause you to be disqualified.
6. The entrant confirms that:
a. they are the author and owner of all rights in the video and no other person has any claim to ownership or any other legal rights in the video; and
b. they have full legal capacity to give permission for the video to be used.
7. The entrant also agrees to grant LW and its direct or indirect licensees, assignees and agencies a royalty-free, exclusive, worldwide, assignable, sub-licensable and irrevocable licence to use, publish, reproduce, edit, exhibit, project and display the video for the purposes of advertising, marketing and promotional activity, in connection with promoting Laithwaite’s wines.
8. In doing so, the entrant agrees to waive their moral rights under section 205 of the Copyright, Designs and Patents Act 1988 and to waive any right that they may have to inspect and approve any use made of the video within the scope of licence granted under 8 above.
9. The entrant releases LW and/or Instagram from any claims for remuneration associated with the use of the video.
10. There will be one winner of the prize. The winner of the prize will be selected by a panel of judges by no later than 2nd December 2020. If there are 5 or more entrants to the Competition, five (5) entries (“Finalists”) will be shortlisted by four (4) judges, and one judge (who will not have been one of the four (4) shortlisting judges)(“Final Judge”) will choose a winner from the Finalists.
11. The winner of the prize will be selected from the Finalists. The winner of the prize will be contacted on the same day of the judges’ decision via Instagram. Three attempts will be made to contact the winner of the prize. If the winner does not respond via direct message or email within 7 days of LW’s first message to accept the prize, an alternative winner will be selected. If an alternative winner must be selected, the Final Judge will choose from the remaining shortlist, and the new winner will be contacted via Instagram.
12. LW will contact the winner by private message on Instagram and will request their details (name, age, address and email) for the purposes of claiming their prize only.
13. LW will send the winner a 12-bottle case of Laithwaite’s wine including one of each of the following: Cabalie Vielles Vignes, Bristed Brothers Sauvignon Blanc, Santa Julia Malbec Mendoza Argentina, Ravensthorpe Padthaway Chardonnay, Chateau Ramage La Batisse, Baron de Barbon Gran Reserva Rioja, Pieropan Soave Classico and Roche Lacour Cuvee de Reserve. No refunds will be given, bottles may be subject to change due to availability.
14. The prize will be sent out via courier, LW cannot be held responsible for any prize not received by the winner.
15. Odds of winning the prize will vary depending on the number of eligible entries received.
16. LW retains sole discretion to withhold the prize without liability if in its view a participant is ineligible, the entry is invalid, or a winner does not meet the necessary requirements as set out in these terms and conditions.
17. LW reserves the right to withdraw or amend the Competition in the event of unforeseen circumstances or circumstances outside of its control.
18. You acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram.
19. You acknowledge and accept that Instagram will not be responsible or liable for this Competition.
20. LW is not responsible or liable for:
a. Any entry for which the post or comment is lost, deleted or deemed abusive by Instagram;
b. Any accounts that are deemed to be fraudulent or not authentic;
c. Unforeseen changes in Instagram’s legal or commenting rules & regulations;
d. Any external factors that may restrict a participant from accepting their prize;
e. Any entries that cannot be found by LW due to the entrant’s account being locked, suspended, blocked or otherwise inaccessible to general users of Instagram.
21. There is no cash alternative for the prizes.
22. If there is a dispute between you and LW in relation to the Competition or these terms and conditions, you may take legal action against LW, and LW may take legal action against you in either the English courts or the local courts in the part of the UK where you live. The applicable law will be that of the location of the court.
23. The entrant must read and understand the privacy notice for this Competition at www.laithwaites.co.uk/privacy. In addition, the following privacy notice also applies to the Competition:
When you enter this competition, you’ll provide us with your details of your Instagram account and the information you share in the post with LW. If you are a winner, we will ask for your postal address so that we can deliver your prize to you, and we may ask for additional information in order to verify your age. We obtain all of this information from you directly.
We’ll use your personal data in order to run the competition fairly and properly, and if you are a winner, to tell you that you’ve won the competition and to make any further arrangements with you, including to repost your winning entry on social media, and to deliver your prize to you. We may pass on your details to verify your age to ensure that we only give products containing alcohol to those aged 18 or over. The CAP Code also requires us (as the promoter of this competition) to either publish or make available certain information about prize winners. You can object to this information being published or made available by contacting us on 03330 148 168 or dpo@laithwaites.co.uk. Please note that, even if you opt out, we may still have to provide the information and winning entry to the ASA.
If your competition entry is a winner, we may share your details with the courier company we use to deliver your prize to you; the company we use to carry out age verification checks (if required); and with our core IT services providers.
