1. General: These general terms and conditions (“T&Cs”) apply to the [Name of Campaign] (“Contest”) organised and operated by Harvey Nichols and Company Limited (“Harvey Nichols”). Harvey Nichols provides the content and services available on its website (“Site”) subject to the terms and conditions applicable to the Site (available at https://www.harveynichols.com/info/help/terms-conditions/introduction/, and other terms and conditions and policies which you may find throughout the Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these T&Cs. By taking part in the Contest, the participants shall be deemed to have agreed to be bound by these T&Cs as well as the applicable rules and regulations of the Contest (“Rules and Regulations”) as attached hereto.
2. Prohibited Parties: Employees of the Harvey Nichols, its subsidiaries, divisions, affiliates, agents and partners (the “Representatives”) and their immediate family members are not eligible to enter into or participate in the Contest. Any other persons or companies professionally connected with the Contest or directly involved in organizing, promoting, operating or conducting the Contest are not eligible to enter into or participate in the Contest. It is the participant’s responsibility to ensure that his/her entry and acceptance of the prize does not contravene these T&Cs and/or any local laws or regulations. No entries will be accepted from residents of Northern Ireland. In the event of any uncertainties as to the eligibility for participation, the person should refrain from entering into the Contest. Harvey Nichols has the sole and absolute discretion to determine whether a particular entry will be accepted and no separate notice will be provided in relation to the disqualified entries.
3. Participation: Participation in the Contest is subject to the Rules and Regulations of the Contest. No entry fee or purchase is necessary to enter the Contest. The participants shall require access to the internet for entering into the Contest.
4. Harvey Nichols’s Rights: Harvey Nichols hereby expressly reserves its rights in its sole and absolute discretion to:
(a) exclude any person from participating in the Contest;
(b) request a winner to present proof of identity for verification purposes;
(c) void an entry of or disqualify a participant; and
(d) select reserve winner(s) in accordance with the Rules and Regulations to replace any successful winner(s) who may subsequently be found to be ineligible and disqualified or for such other reason that Harvey Nichols may determine in its reasonable discretion.
For the avoidance of doubt, Harvey Nichols shall be under no obligation to provide reasons or justifications for exercising any of its rights above. Harvey Nichols hereby expressly reserves its rights to pursue legal action against any individual believed to have undertaken fraudulent activities or other activities harmful to this Contest and/or the entry submission process.
5. Cancellation: Harvey Nichols hereby expressly reserves its rights to suspend, cancel and terminate the Contest at its sole and absolute discretion and without notice and further liability to any participant.
6. Privacy: Personal data may be collected, used and/or disclosed by Harvey Nichols for the following purposes:
(a) facilitating and administering the Contest;
(b) delivery of the prizes (including to publish results and to contact the participant for the administration of the prizes); and
(c) for use in publicity and promotional materials (publicity purposes).
In the course of carrying out the purposes, Harvey Nichols may disclose the participant’s personal data to its affiliates, subsidiaries and/or third party service providers.
Harvey Nichols shall adhere to all applicable data protection laws, including, the UK Data Protection Act 2018, in its collection, use and/or disclosure of the personal data collected from the participants. For more information on how Harvey Nichols handles personal data, including on how participants may withdraw consent to the collection, use or disclosure of personal data, please refer to our privacy policy https://www.harveynichols.com/info/help/terms-conditions/privacy policy/.
7. Prizes: All prizes won by successful winners are not transferrable or exchangeable for cash, credit or kind. Harvey Nichols shall not replace any prizes which are lost, stolen or damaged. Harvey Nichols reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, add to or alter any of the prizes offered without notice to the participants. All prizes are subject to the respective issuers’ terms and conditions. Harvey Nichols shall not be responsible in any way whatsoever for the validity, utility, suitability, usability or fitness for purpose of the prizes, which shall be the issuer’s sole liability. Except to the extent that they may not be excluded by law, no representations, warranties, terms or conditions that are not expressly stated in these terms and conditions apply to this Contest nor in respect of the prizes and all implied warranties are excluded, including but not limited to, the implied warranties of satisfactory quality, merchantability or fitness for a particular purpose of any of the prizes. Prizes must be utilized within the specified validity period and no requests for extensions will be entertained.
8. Publicity: Harvey Nichols reserves all the rights in connection with the publication or display of the names, photographs, videos or any likeness of the participants of the Contest for promotional, marketing, advertising and publicity purposes.
9. Disqualification: Harvey Nichols reserves the right, in its sole and absolute discretion, to disqualify any individual found to be ineligible or tampering with the process or the operation of the Contest or to be acting in violation any legislation or displaying conduct which, in its view, is offensive to other participants or Harvey Nichol’s staff or represents a health and safety danger without notice and further liability to any participant.
10. Liability: Harvey Nichols shall not be liable to the participants in any manner whatsoever for any claims, losses, injuries, damages, costs, interests or expenses in connection with and/or arising out of the Contest, the redemption, use or the terms of use of the prizes. Each participant agrees to waive and release Harvey Nichols and its Representatives from the aforementioned claims and liabilities. This includes, without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy, to the extent permissible under any applicable written laws.
11. Indemnity: To the maximum extent permitted by law, each participant and anyone entitled or agreed to act on his/her behalf, agrees to indemnify Harvey Nichols and its Representatives from any losses, damages, costs, expenses, claims or liabilities of any kind arising in connection with their participation in the Contest, to the extent permissible under any applicable laws.
12. Modification of Terms: Harvey Nichols hereby expressly reserves its rights to vary, delete or add to any of these T&Cs including but not limited to the prizes, duration, date of selection of the winners and any other matters in respect of Contest from time to time at its sole and absolute discretion and without notice.
13. Decisions: The decision(s) of Harvey Nichols on all matters relating to the Contest will be at its sole and absolute discretion and will be final and binding on all participants and winners. No enquiries, appeals, verbal or written, shall be entertained. In the event of any inconsistency between these T&Cs and any brochures, advertisements and marketing or promotional materials relating to the Contest, these T&Cs shall prevail.
Miscellaneous: These T&Cs are governed by the laws of the United Kingdom. Harvey Nichols and each participant and winner hereby agrees to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of United Kingdom. These T&Cs shall not confer any rights to any third party under The Contracts (Rights of Third Parties) Act 1999 to enforce any of its term.