TERMS AND CONDITIONS FOR VUSE x DOM WHITING COMPETITION
(PRIVACY NOTICE FOLLOWS TERMS & CONDITIONS)
Thank you for your interest in participating in the Competition (as defined below) – please read these terms and conditions.
1. The following terms and conditions (“Terms and Conditions”) apply to the VUSE X Dom Whiting Competition offering entrants the chance to win one of 100 “yes yes” t-shirts.
2. By entering into this Competition, you agree to be bound by these Terms and Conditions and will be deemed as such. If you do not agree to be bound by these Terms and Conditions, please do not enter this Competition.
3. The promoter is Nicoventures Trading Limited (company no. 06665343) whose registered office is at Globe House, 1 Water Street, London, WC2R 3LA (“Promoter”).
Eligibility of Entry
5. The Competition is open to all persons who meet the following criteria (“Eligible Entrants”):
a. are aged 18 years or over, except employees (and ex-employees) of Nicoventures Trading Limited and their close relatives and anyone otherwise connected with the organisation or its group companies;
b. are existing nicotine consumers; and
c. are not based in the United States of America.
6. For the avoidance of doubt, anyone else professionally connected with the administration of the Competition is also excluded from entering.
7. Only one entry into the Competition will be accepted per person. Multiple entries from the same person will be disqualified.
8. The Promoter reserves the right to reject entry by, or cease the continued participation of, a person it considers to have entered the Competition in breach of these Terms and Conditions. The Promoter reserves the right to require entrants to provide proof of eligibility to enter at any point during the Competition.
Duration of the Competition
9.The opening date for entry into the Competition will be 00:01 (CET) 11 January 2023 (“the Opening Date”) and the closing date for entry into the Competition will be 23:59 (CET) 18 January 2023. After this date, no further entries to the Competition will be permitted. Entries received after the Closing Date will not be considered.
How to enter the Competition
10. To enter the Competition, each Eligible Entrant needs to follow @vuse.worldwide on Instagram and like and comment on the competition post published on the grid on 11th January 2023. (“the Application”).
11. By entering the Competition, you agree not to provide false or misleading personal information. You must not under any circumstances register your participation under a false identity. To learn about how we use your personal information, please see Privacy Notice following these Terms and Conditions.
Selection and Notification of Winner
12. One hundred Winners will be chosen at random by software, under independent supervision, from all eligible entries received and verified by the Promoter and or its agents (to learn how we use your personal data please see our Privacy Notice below these Terms and Conditions).
13. The Winners will be contacted by @vuse.worldwide via Instagram DM on Thursday 19 January 2023.
14. The Promoter reserves the right to withdraw the Prize from any Winner and pick a replacement Winner in accordance with the process set out in clause 12 above, in the event of any of the following circumstances:
a. if the Winner cannot be contacted after reasonable attempts;
b. if the Winner does not claim the Prize within five (5) days of notification; or
c. if the Winner does not provide proof of their age to the Promoter upon request.
15. Each Winner will receive one “Yes Yes” t-shirt in the size (S,M,L or XL) of their choice.
16. The Prize is as stated, and no cash or other alternatives will be offered. The Prize is non-transferable. The Prize is subject to availability and the Promoter reserves the right to substitute the Prize with another of equivalent value without giving notice.
Delivery of Prizes
17. After notification, the Winner will be contacted within 28 days of acceptance of the Prize to arrange delivery/fulfilment of the Prize. In the unlikely event that a Prize doesn’t arrive within 28 days of Prize Acceptance, the winner will have a further 28 days to inform the Promoter by emailing Competition@beat.global. In the event that the winner does not inform the Promoter within this time frame, the Promoter will reserve the right to not reissue the prize or limit its value at their sole discretion.
Other Terms and Conditions
18. The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
19. The Promoter accepts no responsibility for any entries to the Competition that are incomplete, illegible, corrupted, lost, damaged, delayed or otherwise fail to reach it during the term of the Competition. The Promoter accepts no liability for entrants’ failure to gain access to the Competition due to technical difficulties (including but not limited to faults, malfunctions, hardware or software failure, satellite/network/server error or any other kind of errors such as user error).
20. The Promoter reserves the right to cancel or amend the Competition and these Terms and Conditions without notice in the event of an epidemic, pandemic, catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the Competition will be notified to entrants as soon as possible by the Promoter.
21. The Promoter shall have the right, at its sole discretion and at any time, to change or modify these Terms and Conditions. Any changes to the Competition will be notified to entrants as soon as possible by the Promoter.
22. Your entry is made without any prior payment or promise of payment or the expectation by you of any payment, benefit, or advantage in return for your entry, except for the possibility of obtaining those benefits expressly referred to in these Terms and Conditions as being part of this Competition (including the Prize).
23. The Promoter reserves the right to investigate and undertake all such action, as is reasonable, to protect itself against fraudulent or invalid entries. In addition, the Promoter reserves the right to reject those entries which it considers, in its absolute discretion, do not comply with these Terms and Conditions or are fraudulent or invalid.
24. In the event of a dispute about the identity of an entrant, each entry will be deemed made by the authorised email account holder of the email address used in the relevant entry. "Authorised email account holder" is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organisation (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
25. The Promoter accepts no responsibility for any aspect of the Prize that is lost, damaged, delayed or fails to reach the Winner prior to the date of the Prize.
26. To the extent permitted by law, the Promoter, its associated companies, and their agents and distributors will not in any circumstances be responsible for any loss or damage to personal property or personal injury or death (save in the case of negligence of the Promoter, its associated companies, or their agents and distributors or that of their employees) suffered due to taking part in the Competition.
27. Entrants are responsible for all expenses not expressly stated in these Terms and Conditions as being part of the Prize or any part of this Competition.
29. The Promoter’s decision in respect of all matters to do with the Competition will be final and no correspondence will be entered into.
30. The Competition and these Terms and Conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales. The laws of any other jurisdiction and the jurisdiction of any other courts are excluded to the fullest extent permitted by law. However, nothing in these Terms and Conditions will act to exclude an entrant's rights under the laws of their jurisdiction which may not be excluded by law.
31. The Winner’s name will be available until 30 April 2023 by sending a DM to @vuse.worldwide.
32. This Competition is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Twitter or any other Social Network.
PRIVACY NOTICE FOR @VUSE.WORLDWIDE
At BAT we are committed to protecting your privacy. We will ensure that the information you submit to us throughout your participation in the competition (the “Competition”) is only used for the purposes set out in this Privacy Notice.
Please read this document carefully as it sets out what we do with your personal data, and how we comply with our legal obligations to you in doing so. This Privacy Notice applies to all individuals who participate in our Vuse Competitions.
For the purpose of this Privacy Notice and Applicable Data Protection Legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Act 2018, the relevant data controller responsible for your data is Nicoventures Trading Limited ("BAT", “us” or "we").
If you need or want to get in touch with us, we have provided general contact details in the "How to Contact Us" section of this Privacy Notice.
We may amend this Privacy Notice from time to time so please check it regularly on the bio of @Vuse.worldwide
If you are dissatisfied with any aspect of our Privacy Notice, you may have legal rights which we have described below where relevant.
2. Information We Collect About You
Depending on the relevant circumstances and applicable local laws and requirements, we collect some or all of the information listed below for the reasons which we describe in this Privacy Notice when you enter the Competition:
Date of birth;
Some of the personal data we collect from you are required to enable us to fulfil our duties to you or to others. For example, to provide you with information about the Competition, we need your contact details.
Depending on the type of personal data in question and the grounds on which we may be processing it, should you decline to provide us with such data, we may not be able to continue our relationship. For example, this Competition is open to entrants aged 18 or over. The winner of the Competition will be contacted via direct message on Instagram, during which we will ask the winner to confirm that they are aged 18 or over. If you do not confirm to us that you are 18 or over, you will not be able to participate in the Competition and we reserve the right to withdraw the prize from you and pick a replacement winner
3. How We Collect Your Personal Data
Personal data you give to us
The majority of the data we hold about you will be collected from you if you are selected as the winner of the Competition via direct message on the Competition Website in order to implement the prize. However, we may also collect data from you if you contact us proactively, usually by phone, email or social media or if we contact you and ask you to provide us with certain information.
4. Why We Collect Your Personal Data
We collect, use and disclose your personal data for a number of reasons, including:
to arrange, facilitate and run the Competition;
to verify the age of participants;
to provide you with information about the Competition;
to ensure that we can provide support and respond to any queries and contact you if you request us to do so;
to contact the winner of the Competition;
to make available the names of the winners in accordance with the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code);
to help us establish, exercise or end legal claims; or
for other reasons with your consent.
As the Competition is only open to entrants aged 18 or over, we must make sure that entrants are aged 18 years or over. In order to enable us to do this we will require you to provide us with your date of birth, which we will use to confirm that you are aged 18 years or over.
In some cases, we may need to ask for additional information in order to verify your age. If this is necessary, we will contact you to explain why.
5. Our Legal Bases for Processing Your Personal Data
There are a number of different ways that we are lawfully able to process your personal data. We have set these out below.
Where using your data is in our legitimate interests
We are allowed to use your personal data where it is in our legitimate interests to do so, and those interests are not outweighed by any potential prejudice to you.
We believe that our use of your personal data is within a number of our legitimate interests, including but not limited to:
to facilitate our organisation and running of the Competition;
to market and advertise BAT products and services;
to help us establish, exercise and defend legal claims; and
for our internal administrative purposes.
We don't think that any of the activities set out in this Privacy Notice will prejudice you in any way. However, you do have the right to object to us processing your personal data on this basis. We have set out details regarding how you can go about doing this in the section ‘Your Rights’ below.
Where using your personal data is necessary for us to carry out our obligations under our contract with you
We are allowed to use your personal data when it is necessary to do so for the performance of our contract with you. For example, we need to collect your contact details to enable us to contact you if you win the Competition.
Where processing is necessary for us to carry out our legal obligations
As well as our obligations to you under any contract, we also have other legal obligations that we need to comply with and we are allowed to use your personal data when we need to in order to comply with those other legal obligations (see the ‘Age Verification’ section above).
Where you give us your consent to use your personal data
We are allowed to use your data where you have specifically consented. In order for your consent to be valid:
It has to be given freely, without us putting you under any type of pressure;
You have to know what you are consenting to - so we'll make sure we give you enough information;
You should only be asked to consent to one thing at a time - we therefore avoid "bundling" consents together so that you don't know exactly what you're agreeing to; and
You need to take positive and affirmative action in giving us your consent - for example by ticking a box.
We will seek your consent, in certain cases, where we wish to use your name and image in our publicity materials. For example, we will ask for consent when featuring the winners of the Competition in any advertising for future competitions. If we require your consent for anything in the future we will provide you with sufficient information so that you can decide whether or not you wish to consent.
You have the right to withdraw your consent at any time. We have set out details regarding how you can go about this in the section ‘Your Rights’ below.
6. Sharing Your Personal Data with Third Parties
We will share your information primarily to ensure that we administer the Competition in a fair, efficient and transparent manner. We may share your information with any of the following groups:
Our agents implementing the Competition. We may share your personal data with our competition fulfilment agent in order to fulfil our legal obligations and ensure that the Competition is run effectively.
Tax, audit, or other authorities. We may share your information with tax, audit or other authorities when we believe that the law or other regulation requires us to do so (for example, because of a request by a tax authority or in connection with any anticipated litigation) or in order to help prevent fraud or to enforce or protect the rights and properties of BAT or its subsidiaries; or protect the personal safety of BAT employees, third party agents or members of the public.
Third party service providers. We may share your information with third party service providers who perform functions on our behalf. We will only share information with such service providers where we have an appropriate data processing agreement (or similar protections) in place.
Professional advisors and auditors. We may disclose your personal data to professional advisors (such as legal advisors and accountants) or auditors for the purpose of providing professional services to us.
If a BAT entity merges with or is acquired by another business or company in the future, we may share your personal data with the new owners of the business or company. In addition, circumstances may arise where, whether for strategic or other business reasons, BAT decides to sell, buy, merge or otherwise reorganise businesses in some countries. Such a transaction may involve the disclosure of your personal information to prospective or actual purchasers, or the receipt of it from sellers. It is BAT’s practice to seek appropriate protection for personal information in these types of transactions.
We do not send any personal information that we collect about you via the Competition to any social media sites that you link to your account, e.g. Facebook, nor do we share that information with such sites. We do not collect any personal information about you from those sites.
7. How We Safeguard Your Personal Data
We care about protecting your information. That is why we put in place appropriate measures that are designed to prevent unauthorised access to, and misuse of, your personal data.
We are committed to taking all reasonable and appropriate steps to protect the personal data that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures, including encryption measures and disaster recovery plans.
Unfortunately, there is always risk involved in sending information through any channel over the internet. You send information over the internet entirely at your own risk. Although we take reasonable steps to ensure the security of the Competition Website and we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted over the internet and we do not warrant the security of any information, including personal data, which you transmit to us over the internet.
8. Where We Store Your Personal Data
Your personal data may be transferred outside of the UK to the types of entities described in the section called ‘Sharing Your Personal Data with Third Parties’ above.
We want to make sure that your personal data is stored and transferred in a way which is secure. We will therefore only transfer data outside of the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, for example:
By way of an intra-group agreement between our group entities, incorporating the current standard contractual clauses adopted by the European Commission for the transfer of personal data by controllers in the EEA to controllers and processors in jurisdictions without adequate data protection laws; or
By way of a data transfer agreement with a third party, incorporating the current standard contractual clauses adopted by the European Commission for the transfer of personal data by controllers in the EEA to controllers and processors in jurisdictions without adequate data protection laws; or
By transferring your data to a country where there has been a finding of adequacy by the European Commission in respect of that country's levels of data protection via its legislation; or
Where it is necessary for the conclusion or performance of a contract between ourselves and a third party and the transfer is in your interests for the purposes of that contract; or
Where you have consented to the data transfer.
Where we transfer your personal data outside the EEA and where the country or territory in question does not maintain adequate data protection standards, we will take all reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Notice.
9. How Long We Store Your Personal Data
We retain and destroy all data (including personal data) in accordance with the terms of our Group Records Management Policy. If you would like more information regarding our data retention policies and practices, please contact us using the contact details set out at the end of this Privacy Notice.
In addition, we may be required by law to retain your data. Where we are subject to a regulatory or other legal obligation in a specific jurisdiction which requires us to keep data for a specified period of time, we will comply with those legal/regulatory requirements with respect to the retention of such data.
10. Your Rights
You have various rights in relation to the data which we hold about you. We have set these out below.
Right not to be subject to automated decision making
This right enables you to not be subject to a decision based solely on automated processing including profiling which produces legal effects on you or similarly affects you. BAT does not use automated decision-making technologies in this Competition.
Right to object
This right enables you to object to us processing your personal data where we do so for one of the following reasons:
because it is in our legitimate interests to do so (for further information please see below); or,
for scientific, historical, research, or statistical purposes.
We will stop such processing unless we can demonstrate compelling legitimate grounds for the processing which overrides your interests or if the processing is necessary for the establishment, exercise or defence of legal claims.
Right to withdraw consent
Where we have obtained your consent to process your personal data for certain activities, you may withdraw this consent at any time and we will cease to use your data for that purpose unless we consider that there is an alternative legal basis to justify our continued processing of your data for this purpose, in which case we will inform you of this condition.
Right to access your data
You may ask us for a copy of the information we hold about you at any time, and request us to modify, update or delete such information. We will respond to your request within one month. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. We may request proof of identification to verify your request. If we provide you with access to the information we hold about you, we will not charge you for this unless permitted by law. If you request further copies of this information from us, we may charge you a reasonable administrative cost. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so.
Right to erasure
You have the right to request that we "erase" your personal data in certain circumstances. Normally, this right exists where:
the data are no longer necessary;
you have withdrawn your consent to us using your personal data, and there is no other valid reason for us to continue (where the processing is based on consent);
the personal data has been processed unlawfully;
it is necessary for the personal data to be erased in order for us to comply with our obligations under law; or
you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.
We would only be entitled to refuse to comply with your request for erasure in limited circumstances and we will always tell you our reason for doing so.
Right to restrict processing
You have the right to request that we restrict our processing of your personal data in certain circumstances, for example if you dispute the accuracy of the personal data that we hold about you or you object to our processing of your personal data for our legitimate interests. If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.
Right to rectification
You have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort.
Right of data portability
If you wish, you have the right to transfer your personal data between service providers. In effect, this means that you are able to transfer the details we hold on you to another third party, without hindrance. To allow you to do so, we will provide you with your data in a commonly used machine-readable format so that you can transfer the data. Alternatively, we may directly transfer the data for you.
Right to complain
You also have the right to lodge a complaint with a supervisory authority. The supervisory authority for BAT is the Information Commissioner's Office ("ICO") in the UK. Contact details for the ICO are by phone: 0303 123 1113, or email: email@example.com
The privacy regulators for other EU Member States are listed (along with contact details) on the following website: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
If you would like to exercise any of these rights, or withdraw your consent to the processing of your personal data (where consent is our legal basis for processing your personal data), please contact us using the contact details set out at the end of this Privacy Notice. We will respond to your request within one month. Please note that we may keep a record of your communications to help us resolve any issues which you raise.
11. How to Contact Us
If you have any queries about this Privacy Notice, including your rights in relation to your personal information, or if you wish to contact us with any general queries or concerns, please contact our customer services team by Instagram direct message to @vuse.worldwide or email firstname.lastname@example.org.
Right now, due to the current pandemic, we are not in our usual offices. To ensure that your message is seen and dealt with properly please use one of the communication methods above.