NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PRIZE DRAW. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The promoter of boohoo's "Holiday to Ibiza with Thomas Cook Airlines" Prize Draw ("Prize Draw") is Boohoo.com UK Limited of 49/51 Dale Street, Manchester M1 2HF ("Promoter") with elements of the Prize being provided by Thomas Cook Airlines of c/o Hanger 1, Western Maintenance Area, Runger Lane, Manchester Airport, Manchester, M90 5FL (“Thomas Cook Airlines”).
1.1. Only residents of the United Kingdom aged 18 years of age or over are eligible to enter this Prize Draw.
1.2. The Prize Draw is not open to employees, officers or directors or to members of the immediate family or household of any employees, officers, or directors of the Promoter or Thomas Cook Airlines or any of its parents, subsidiaries, affiliates or any other company involved in this Prize Draw promotion (collectively, the “Prize Draw Entities”).
1.3. Eligibility may be verified at any time. The Prize Draw is subject to all applicable laws and regulations and is void where prohibited.
1.4. Entrants will require access to the internet to enter the competition.
2. How to enter
2.1. To enter the Prize Draw Entrants must visit the Promoter’s site and complete the data entry fields requested (www.boohoo.com/competition) (“Entry Page”).
By entering the Prize Draw, the Entrant agrees to receive marketing communications from the Promoter and Thomas Cook Airlines.
2.2. Only one Entry is permitted per person. If you make more than one entry, only your first Entry will be counted. Subsequent entries from the same person or email address will be disqualified. Any attempt by a person to enter more than once with multiple email accounts or any other means may result in disqualification at the discretion of the Promoter upon prize verification. Any attempt by a person to enter more than the allowed number of entries may result in disqualification.
2.3. No bulk, third party or automated entries are permitted.
2.4. All Entrants (including the Winner) must comply with any reasonable directions given to them by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or forfeiture of the Prize (as defined below).
2.5. By participating in the Prize Draw, each entrant unconditionally accepts and agrees to comply with and abide by these Terms & Conditions. All entries must be received by the end of the Prize Draw Period in order to participate. Proof of submission is not proof of receipt.
3. Prize Draw Period
3.1. The Prize Draw begins on 29 June 2016 at 12.00AM Greenwich Mean Time (GMT) and ends on 13th July 2016 at 11.59PM GMT (the “Prize Draw Period”). The Promoter’s database computer is the official time-keeping device for the Prize Draw.
3.2. Entries received outside the Prize Draw Period will not be valid.
4. Winner selection and contact
4.1. One (1) winning Entry will be selected at random from all eligible entries received during the Prize Draw period.. The random drawing will be conducted on or about the 20th July 2016. The winner is permitted to ask a plus one to accompany them.
4.2. No correspondence will be entered into in respect of any decision made in connection with this Prize Draw. By entering, you agree to be bound by the terms of these Terms & Conditions and all decisions of the judges, which are final and binding in all matters relating to the Prize Draw.
4.3. The Promoter will contact the winner (“Winner”) will be notified by email using the contact information given at the time of entry. The Promoter shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Once the Promoter has notified the Winner, the Promoter will provide the Winner’s details to Thomas Cook Airlines.
4.4. If any Winner fails to respond to the Promoter within 48 hours of the first notification attempt by the Promoter in accordance with clause 4.3, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, then the Promoter acting in its absolute discretion may:
4.4.1. make further attempts to contact the Winner; and/or
4.4.2. withdraw the Prize from the Winner.
4.5 If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter under clause 3.4.2, the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a alternate Winner selected by the Judges in accordance with this clause 4.
4.6 If any potential winner is found to be ineligible, or if he or she has not complied with these Terms & Conditions or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
5.1. The Winner will win:
– the Ibiza Getaway, provided by Thomas Cook Airlines, and consisting of: 2 return flights departing from either Manchester or London Gatwick to Ibiza during September or October 2016, excluding any school holidays; and four (4) night’s hotel accommodation for 2 people;
£200 store credit to be spent at www.boohoo.com and £500 spending money provided by the Promoter.
5.2. The flights must be booked by the winner by 31st August 2016 for a departure date in September or October 2016, excluding school holidays. Flights are subject to availability at all times. The hotel accommodation will be at least 3* and will be chosen by Thomas Cook Airlines entirely at their discretion and cannot be changed or altered in anyway by the winner. The winner must be one of the people travelling on the Ibiza Getaway.
5.3. The Store Credit will be credited to the Winner’s customer account on boohoo.com within 7 days of the Winner providing the Details – they will need to register an account at boohoo.com if they don’t already have one
5.4. The goods that may be purchased with the Store Credit are subject to availability and the Promoter will have sole discretion in this respect.
5.5. The Prize is non-transferable and non-refundable and the Winner cannot request any alternative prize (cash or otherwise), except in the Promoter’s discretion. Thomas Cook Airlines may award a substitute of comparable or greater value if the Ibiza Getaway listed becomes unavailable for any reason.
There is one (1) Prize available. The winner is permitted to ask a companion to accompany them, provided such other person is eligible for the prize in accordance with these Terms & Conditions and complies with any other requirements relating to the prize.
5.6. The Ibiza Getaway does not include travel insurance, or any other items or expense not specifically stated within the prize description. All such costs/expenses will be the responsibility of the winner and their travel companion. The winner and their travelling companion is responsible for ensuring they hold a valid passport to travel and any necessary visa, and hold the adequate travel insurance, as well as complying with any other terms and conditions applicable to the Ibiza Getaway and notified to the winner at the time of claiming the prize.
5.7. The Winner is responsible for all applicable local taxes, and for any other fees or costs associated with acceptance or use of the prize.
5.8. The Winner accepts that the Ibiza Getaway is not a ‘Package Holiday’ for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992 and the Winner is afforded no financial protection or other rights under these regulations.
6. Winner publicity
6.1. The Promoter and Thomas Cook Airlines reserves the right to publish the Winner’s name, photograph and town or county of residence on the Promoter’s and Thomas Cook Airline’s official social media accounts, including Twitter, Instagram and Facebook and on their websites found at www.boohoo.com and www.thomascookairlines.com, and in all forms of media now known or hereafter developed for advertising and/or publicity purposes worldwide, in perpetuity, without further compensation except where prohibited by law.
By accepting the prize, the Winner you agrees to their Entry, name and photograph being published in accordance with clause 6.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
7. Entry requirements
7.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
7.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
8. Use and display of Entries and copyright
8.1. The copyright subsisting in the Entry must belong to the Entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
8.2. By submitting an Entry:
8.2.1. you license and grant the Promoter and Thomas Cook Airlines and their affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s and Thomas Cook Airline’s websites, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
8.2.2. you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
8.2.3. you warrant that the Entry is your original work, has not been copied, in whole or in part, from any third party and you have full authority to enter the Entry in the Prize Draw and to the rights granted in these Terms and Conditions;
9.1. Except for death or personal injury caused by negligence of the Promoter, Thomas Cook Airlines or their agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, Thomas Cook Airlines nor their agents or representatives assume responsibility for:
9.1.1. any Prize that is not redeemed;
9.1.2. any personal property;
9.1.3. any loss of enjoyment or wasted expenditure;
9.1.4. any system failures or malfunctions of any third party websites;
9.1.5. any incomplete, lost, delayed or late Entries;
9.1.6. any failure to fulfil obligations of any third parties involved in this Prize Draw;
9.1.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
9.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
9.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
9.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
9.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
9.1.12. any other matter outside of their reasonable control.
9.2. Nothing in these Terms and Conditions affects your statutory rights.
9.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
9.4. The Winner agrees to indemnify and keep indemnified the Promoter, Thomas Cook Airlines, their group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
9.4.1. their Entry into this Prize Draw; and/or
9.4.2. their receipt and use of any Prize.
10.1. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter its website.
10.2. By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your entry.
10.3. Any person who provides their details to the Promoter in connection with this Prize Draw accepts:
10.3.1. these Terms and Conditions; and
10.3.2. the use of their personal data by the Promoter and Thomas Cook Airlines:
10.3.2.1. for the purpose of administration of the Prize Draw (including publishing the name of the Winner and any administration relating to the Prize); and
10.3.2.2. any other purpose for which they have consented.
10.6. Without prejudice to clause 7.1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
10.7. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
10.8. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
10.9. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
10.10. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
10.11. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.12. For the name of the winner or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to Thomas Cook Airlines Prize Draw, Boohoo Marketing, 49-51 Dale Street, Manchester, M1 2HF.
10.13. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.