MIXR PROMOTION STANDARD TERMS AND CONDITIONS
These Terms and Conditions apply to MiXR games, competitions, prize draws and giveaways run by the Promoter and available on the MiXR app from time to time (referred to collectively throughout as a “Promotion”). By entering a Promotion, you (“Participant”, “you”, “yours”) agree to these Terms and Conditions and to the decisions of the Promoter, which are final and binding in all respects. You also agree to any other applicable third-party terms.
The Promoter of each Promotion is: Stonegate Pub Company Limited of 3 Monkspath Hall Road, Solihull, West Midlands B90 4SJ. Further information regarding how to enter, the entry period, eligibility and the prize available (“Prize”) for each Promotion will be confirmed in the promotional material relating to the specific Promotion at the time of entry.
1. Prizes
1.1 Participants acknowledge and agree that there is no guarantee of winning a Prize. Any Prizes which are redeemable in the Promoter’s venues shall be redeemable (i) subject to stock availability and (ii) in participating pubs owned by The Promoter which are displayed in the MiXR app at the time of entry. The Promoter accepts no responsibility if Participants attempt to redeem Prizes at non-participating pubs or if the relevant product is out of stock.
1.2 Where Prizes cannot be redeemed due to stock availability, the Promoter will substitute this with a suitable alternative (such alternative to be at the Promoter’s discretion).
1.3 The Promoter reserves the right to substitute a Prize with another prize of equal or greater value at the Promoter’s absolute discretion without giving notice.
1.4 Where the Prizes are physical prizes this clause 1.4 will apply. Please allow 14 days for delivery or collection of the applicable Prize. If you do not collect the applicable Prize (or provide the Promoter with an address for delivery (if applicable)) by this date, your claim to such Prize may (at the Promoter’s discretion) become invalid.
1.5 The Prize is non-exchangeable and non-transferable and no cash or other alternatives will be offered.
1.6 If it is discovered during Prize verification that a Participant is ineligible to enter, has entered, attempted to enter, or used multiple accounts to enter, more than the stated limit, they will be disqualified and all of their entries will be void.
1.7 The Prizes will be awarded “as is” and the Promoter makes no representation, warranty or condition in respect of any Prize or part thereof.
1.8 The winner’s participation in any or all activities for the Prize is voluntary. If the Winner elects not to participate in any or all designated activities for the Prize, the winner will not be given any compensation.
1.9 Where Prizes include travel:
1.9.1 the Promoter will be responsible for booking and paying for the Prize on behalf of the winning Participant and any permitted guests. The winning Participant, and any permitted guests, acknowledge and agree that they will be bound by relevant third-party terms including but not limited to, any relevant tour or travel operators;
1.9.2 the winning Participant acknowledges that departure dates and times are subject to availability and at the sole discretion of the Promoter;
1.9.3 the winning Participant will be responsible for any and all other costs and expenses not listed above (including insurance, expenses and incidentals not mentioned above);
1.9.4 any additional expenses not covered within the Prize details above are the responsibility of the winning Participant;
1.9.5 The Prize must be taken on the dates specified. The Promoter reserves the right to select alternative winners, should the original winner not validate their identity, age, ability to travel on the fixed trip dates and/or compliance with any relevant immigration criteria.
2. The Promotion
2.1 Entries received before or after the entry period will not be accepted.
2.2 The Promoter accepts no responsibility whatsoever for any entries that were not received for whatever reason.
2.3 Only one entry per person is permitted during the entry period and multiple entries during the entry period from the same person will be disqualified.
2.4 Entries that do not comply fully with these Terms and Conditions will be disqualified. The Promoter has sole discretion in determining whether any entries submitted by any person comply with these Terms and Conditions.
2.5 The Promoter does not accept any responsibility if the winner is not able to take up the applicable Prize.
2.6 The Promoter’s decision is final and binding in all respects on all Participants and no further correspondence will be entered into.
2.7 The Promoter will select a sufficient number of reserve winners for each Prize, using a random computer-generated process in case the original winner does not take up the applicable Prize.
3. Publicity
3.1 By entering the Promotion, Participants hereby agree to their name, likeness, photograph, voice and video recording, and entry being used by the Promoter for promotional purposes without additional compensation, unless prohibited by law.
3.2 The winners of the Promotion further agree to be interviewed in connection with the promotion either in person or via telephone which may be filmed, photographed and/or recorded and the Promoter may use such films, photographs and/or recordings for publicity and PR purposes.
3.3 If you object to any or all or any of your name, likeness, photograph, voice and video recording, and entry being published or made available, please contact the Promoter at competitions@stonegategroup.co.uk. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
3.4 Each Participant accepts and acknowledges that if the above consent is withdrawn, the Promoter may not be in a position to remove the photographs, recordings and videos from webpages operated by third parties.
4. Intellectual Property
4.1 All intellectual property rights in and associated with the Promoter and the MiXR app and brand, are owned by the Promoter and/or the Promoter’s licensors, and Participants have no right to use any intellectual property in and associated with the Promoter and the MiXR app and brand, except in connection with the Promotion entry.
4.2 Participants hereby assign to the Promoter any and all intellectual property rights in and associated with the Promotion entry with full title guarantee, such that the Promoter has the full and exclusive right to use, reproduce, or publish such Promotion entry and accompanying materials for the purposes of administering the Promotion on its MiXR app; and
4.3 Participant’s hereby irrevocably and unconditionally waive all moral rights in and to the Promotion entry and any moral rights in accompanying materials otherwise arising in connection with Participant’s Promotion entry to which Participants may now or at any time in the future be entitled under copyright, right of publicity, right of privacy, and other intellectual property laws applicable in the jurisdiction in which the Promotion occurs.
5. Limitation of Liability
5.1 The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received on account of technical problems or traffic congestion on the internet, or any combination thereof.
5.2 Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up a Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
5.3 Insofar as permitted by law, the Promoter does not accept any liability for any expense, damage, loss or injury suffered (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way due to entering this Promotion or taking up a Prize. The Promoter is not responsible for any third-party acts or omissions.
6. Data Protection
6.1 In accordance with UK General Data Protection Regulations and the Data Protection Act 2018, the Promoter is the Data Controller of the personal data that is collected for the purposes of administering the Promotion.
6.2 The Promoter may process your identity, contact and social media data in order to fulfil the Prize.
6.3 The Promoter’s lawful basis for processing your personal data for these purposes is performance of a contract.
6.4 For the purposes of administering this processing activity, your personal data will be processed solely in the UK and will not be made available to individuals or companies based outside of the EEA.
6.5 For further information on how your personal data will be used, please read the Privacy Policy at https://www.stonegategroup.co.uk/privacy-policy/
7. General
7.1 By taking part in the Promotion, you are agreeing to be bound by these Terms and Conditions.
7.2 The name and county/town of the winner(s) will be available for one month after the expiry of the entry period. If you wish to find out the identity of the chosen winner(s) please send a stamped addressed envelope to: Stonegate Pub Company Limited, FAO Legal Department, 3 Monkspath Hall Road, Solihull, B90 4SJ.
7.3 Subject to clause 7.4, these Terms and Conditions prevail in the event of any inconsistency with any other communications from the Promoter relating to the Promotion, including advertising and promotional material.
7.4 These Terms and Conditions shall not apply to any competitions, prize draws or giveaways which are subject to a promotion-specific set of terms and conditions which are made available on the MiXR app by the Promoter.
7.5 The Promoter reserves the right to modify, cancel or amend the Promotion or to amend these Terms and Conditions in whole or in part where it becomes necessary to do so and without prior notice.
7.6 Winners shall not carry out or promote the goods and services of the participating venues in any way, including, but not limited to, advertising or posting about alcohol.
7.7 Promotions run by the Promoter are not in any way sponsored, endorsed or administered by, or associated with Instagram, Twitter, Facebook or any other social media platform. Participants acknowledge that Instagram, Twitter, Facebook or any other social media platform shall not have any liability to them in connection with a Promotion.
7.8 These Terms and Conditions are governed by English law and the Courts of England and Wales will have exclusive jurisdiction.
7.9 If you have any questions, please contact competitions@stonegategroup.co.uk