32. The Promoter will be the final arbiter for all decisions, which are final and binding.
33. Proof of entry is not proof of purchase. Responsibility cannot be accepted for entries that are lost, damaged, or delayed, nor any associated costs to entrants.
34. Winners will be subject to a full verification process. Winners may be asked to provide a copy of each relevant proof of purchase dated prior to date of entry and showing the date of purchase either prior to the promotional period to reflect the fact that some promotional stock has reached the marketplace early, or during the promotional period for each entry as proof of a valid entry in order to verify their claim. If more than one entry has been received, the Promoter reserves the right to request all related proof of purchases.
35. Prizes are not transferable or exchangeable unless otherwise stated herein and cannot be redeemed for cash or any other form of compensation. In the event for any reason the user does not take any element of the prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the user and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize, unless otherwise agreed. If, due to unforeseen circumstances, the prize or part of the prize is not available, the Promoter reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value. Unless otherwise agreed in writing by the Promoter, the prize will only be awarded directly to the winning participant.
36. All entrants will be required to provide a genuine email address that is personal, valid, and accessible throughout the promotion. In the event that the specified information is not provided or is incorrect or an alias, the entry may be considered incomplete and therefore the Promoter reserves the right to invalidate the entry. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
37. In the event of an email address becoming inaccessible during the promotion, the Promoter is not able to retrieve and amend any existing entries to a new email address.
38. Limitations of liability: Neither the Promoter, its agents or anyone professionally connected to the promotion, assume any responsibility or liability for:
i. Any incorrect or inaccurate entry of information, or for any faulty, erroneous or failed electronic data transmissions;
ii. Any communications line failure, regardless of cause, with regards to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this promotion;
iii. Inaccessibility or unavailability of the internet or the microsite or any combination thereof.
40. Conduct of entry: The Promoter reserves the right at its sole discretion to disqualify any entrant found to be tampering with the entry process or the operation of the promotion; or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive.
41. 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, 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 cancel, 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 entrants in order to avoid undue disappointment.
42. The Promoter reserves the right to verify all entries including but not limited to asking for proof of address, purchase, packaging and identity details (passport, driving licence or equivalent) which they must provide within seven (7) calendar days and to refuse to award a prize or withdraw prize entitlement, and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these Terms and Conditions or any instructions forming part of this promotion’s entry requirements or otherwise, where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means.
43. Subject to Cereal Partners UK Privacy Policy, the surnames and counties of residence of all winners of the prizes from all the weekly draws and prize winners from the Late Entry Prize Draw will be available by sending an email request to consumer.services@uk.nestle.com with ‘WINNERS LIST: 2023 NESTLÉ CEREALS CRAYOLA BUNDLES PROMOTION’ in the subject line, for a period of three (3) months following the end of the main promotion period and Late entry draw period. When contacting this email address, your request will be actioned in line with Nestlé’s Privacy Policy. If any winner objects to their information being published, then they can contact the Promoter by emailing UKI.dataprotection@uk.nestle.com with the subject line ‘WINNERS LIST: 2023 NESTLÉ CEREALS CRAYOLA BUNDLES PROMOTION’. We may nevertheless disclose the information to the Advertising Standards Authority if required to do so. We reserve the right to refuse any or all such requests.
44. 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 or accepting or using a prize, 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 maximum allowable by law.
45. By taking part in the promotion the prize winners agree that the Promoter may contact them to ask whether they want to participate in marketing activities relating to this promotion only.
46. 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.
47. The Promotion and these Terms and Conditions will be governed by the laws of the participating country but any disputes as to the meaning of these Terms and Conditions will be subject to the exclusive jurisdiction of the participant’s local courts.