Whyte & Mackay - Competition Terms & Conditions (Next Up Promotion 2018)

Whyte & Mackay / Next Up Promotion 2018

Full Terms and Conditions

By taking part in this promotion, entrants will be deemed to have read, understood and accepted these Terms and Conditions and shall be bound by them together with any other applicable promotional material.

Where there is any conflict or inconsistency between any other communications (including advertising or promotional materials) and these Terms and Conditions, these Terms and Conditions shall prevail.

1. The promoter is Whyte and Mackay Limited, 4th Floor, St. Vincent Plaza, 319 St. Vincent Street, Glasgow, Scotland, G2 5RG (the “Promoter”).

2. This promotion is open to all United Kingdom (England, Scotland, Wales and Northern Ireland) residents aged 18 years or over. For the avoidance of doubt, this promotion is not open to residents of the Channel Islands or the Isle of Man. 

3. Purchase necessary. Entrants shall also require a mobile device capable of reading and processing QR (Quick Response) Codes – there is no other alternative method of entry.

 4. All entrants represent that they are aged 18 years or older.

 5. This promotion is not open to employees of the Promoter, their families, the Promoter’s agents, clients, suppliers, retailers, merchants or associates.

6. This promotion opens on 01/07/2018 and will close on 31/08/2018 (the "Promotional Period"). Any purported entries made outside of the Promotional Period shall be automatically rejected. Proof of submission shall not constitute proof of receipt of an entry by the Promoter.

7. To enter the promotion to receive a 3 month subscription for NextUp’s on demand comedy streaming service (“the Subscription”), simply purchase a Whyte & Mackay Ball at a participating venue to receive an entry card. Scratch the panel on the entry card to reveal a QR code, scan the QR code using a compatible mobile device and follow the prompt to be taken through to the relevant NextUp webpage. To redeem the Subscription simply follow the instructions on the relevant NextUp webpage and enter the required details.

8. One entry card shall be issued per serve and per person. Entry Cards shall be subject to availability.

9. Redemption of the Subscription itself shall be subject to NextUp’s terms and conditions, which can be found at https://nextupcomedy.com/wmtcs/ (under “In Bar Drink Promotion”). Redemption of the Subscription shall be managed solely by NextUp and any and all queries and/or complaints shall be for the sole account of NextUp. Entrants acknowledge and accept that the Promoter shall have no liability or responsibility whatsoever in respect of the Subscription.

10. Entrants accept that all website/webpages associated with this Promotion are offered on an “as is” and “as available” basis. While the Promoter shall take all reasonable steps to ensure that all websites/webpages belonging to it are properly functioning at all times, the Promoter does not warrant that the websites/webpages will be uninterrupted, timely, secure or error free, that defects will be corrected, or that the websites/webpages or the server that makes it available are free of software viruses or bugs or other defects. The Promoter shall no control over, and disclaims all responsibility and liability for, any content which entrants encounter or events which may occur as a result of any User’s use of the websites/webpages to the fullest extent permitted by law, and the Promoter shall not be liable for any damages or other losses of any type whatsoever incurred by Users as a result of their use of the websites/webpages.

11. The Promoter reserves the right to amend, alter, vary, suspend or withdraw this promotion as the Promoter deems necessary in its absolute sole discretion. The Promoter shall have the right in its absolute sole discretion to substitute any prize with one of equivalent or greater value. The prize or its alternative must be accepted as offered. No cash alternative will be offered in whole or in part in connection with this promotion.

 12. In this clause, “Data Protection Legislation” means any laws, rules, regulations, directive, decrees, orders or other legal requirements relating to the protection or processing of Personal Information in any relevant jurisdiction, including General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as replaced or supplemented from time to time. With regards the personal data of entrants that the Promoter shall have access to and process pursuant to this promotion, the Promoter shall comply with all applicable obligations as a “data controller” or “data processor” (as relevant) under the Data Protection Legislation including its decisions and actions concerning its processing and use of such personal data. The Promoter shall implement and maintain appropriate technical and organisational security measures against the unauthorised or unlawful processing of personal data and against accidental loss, destruction or damage to personal data to meet the requirements of GDPR as applicable, shall ensure the protection of the rights of the data subjects, and shall provide at least the minimum standard of protection required under the Data Protection Legislation. Any personal data provided by entrants to the Promoter in this promotion is the minimum amount necessary for the fulfilment, administration, management and execution of this Promotion and shall be used in accordance with the Promoter’s Privacy Policy, found here: https://www.whyteandmackayltd.com/privacy-policy/ 

13. Any personal data of entrants processed by the Promoter shall be processed solely for the fulfilment and execution of this Promotion.

14. All winners under this promotion agree to take part in reasonable publicity, at the option of the Promoter, with no further recompense.

15. The Promoter is not liable for any delay or failure to perform any obligation to the entrant that is caused by any circumstance beyond its reasonable control or by any act or omission of any third party although it will always use reasonable endeavours to minimise any entrant disappointment.

16. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability, for any injury sustained, loss, or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of this promotion, including, but not limited to, where arising out of the following: any theft, unauthorised access or third party interference; or any tax liability incurred by any entrant. 

17. The Promoter’s decision is final on all matters relating to this promotion.

18. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.

19. These Terms and Conditions are subject to Scottish Law and each entrant shall be deemed to irrevocably submit to exclusive jurisdiction of Scottish Courts.

20. The Promoter encourages responsible drinking and would direct consumers to read http://www.drinkaware.co.uk for more information.