General Terms and Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
1. Who we are and what this Agreement does
We A.F. Blakemore and Son Limited of Long Acres Inc Est, Rosehill, Willenhall, West Midlands, WV13 2JP license you to use:
• the SPAR Plant & Win mobile application software (App) and any updates or supplements to it;
• the service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
2. Your privacy
Under UK data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice located at www.sparplantandwin.co.uk/privacy.aspx and it is important that you read that information.
3. Additional terms
In addition the following terms of use will apply to your use of the App, specifically, your participation in prize draws:
Service Web address
Prize Draw Terms & Conditions www.sparplantandwin.co.uk
4. App Store terms also apply
The ways in which you can use the App may also be controlled by the rules any policies of the app store through which it was downloaded:
• Apple App Store (IOS)
o Terms: https://www.apple.com/legal/internet-services/
o Privacy Policy: https://www.apple.com/legal/privacy/
• Google Play (Android)
o Terms: https://play.google.com/intl/en_us/about/play-terms/index.html
o Privacy Policy: https://policies.google.com/privacy?hl=en
5. Operating system requirements
This app requires a smartphone device. We do not have any specific memory or operating system requirements.
6. Support for the App and how to tell us about problems
6.1 Support. If you want to learn more about the App or have any problems using it or the Services, please take a look at our website at www.sparplantandwin.co.uk which may from time to time contain information and/or “FAQs” and provide you with our contact details.
6.2 Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email us at argame@afblakemore.co.uk.
6.3 How we will communicate with you. If we have to contact you we will do so by email (where you have opted in to receive emails from us, or as otherwise provided for in our privacy notice) or where appropriate by way of push notifications to your device (again, where you have opted in to receive the same) or otherwise using the contact details you have provided to us.
7. How you may use the App, including how many devices you may use it on
7.1 In return for your agreeing to comply with these terms you may:
• download or stream a copy of the App on to a smartphone device and view, use and display the App and the Service on such device(s) for your personal purposes only. Note that users are permitted to register for one account linked to a single email address.
• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
7.2 You must be 18 or over to accept these terms, download/install and use the App.
7.3 We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
8. Changes to these terms
8.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
8.2 We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
8.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
9. Update to the App and changes to the Service
9.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
9.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
9.3 The App will always work with the version of the operating system on the device upon installation and match the description of it provided to you when you downloaded/installed it.
10. If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
11. We are not responsible for other websites you link to
11.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
11.2 You will need to make your own independent judgement about whether to use any such third party sites, including whether to buy any products or services offered by them.
12. Licence restrictions
12.1 You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
o is not disclosed or communicated without our (or our licensor’s) prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
o is not used to create any software that is substantially similar in its expression to the App;
o is kept secure; and
o is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
12.2 Acceptable use restrictions. You must:
• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
13. Intellectual property rights
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
14.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
14.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
14.7 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site) meet your requirements.
14.8 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
15. We may end your rights to use the App and the Services if you break these terms
15.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
15.2 If we end your rights to use the App and Services:
• You must stop all activities authorised by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
16. Additional terms
16.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
16.3 No rights for third parties. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.
Prize Terms and Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry / claim instructions are deemed to form part of the Terms and Conditions and by participating or by accepting the prize you will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.
1. THE PROMOTER: A.F. Blakemore & Son Ltd, Longacres Industrial Estate, Rose Hill, Willenhal, West Midlands, WV13 2JP (Company Number 00391135).
2. No purchase necessary. Internet access and SPAR Plant and Win app required for entry. Please ask the owner's permission before using a computer, device and/or internet access which is not owned, or paid for, by you to enter the Promotion. The Promoter is not liable for any internet connection, mobile connection, or other charges incurred while entering the Prize Promotion.
3. ELIGIBILITY
This promotion is open to residents of Great Britain (England, Scotland and Wales) only aged 18 years or over, excluding employees of the Promoter, employees of A F Blakemore, associated agents, or anyone else professionally connected with the Prize Promotion.
4. PROMOTIONAL PERIOD
The Prize Promotion opens at 00:00 27th April 2023 and closes at 23:59 on 17th May 2023 (the “Promotional Period”).
5. HOW TO ENTER
Entry instructions
a. Go to the Spar Plant and Win app and open an account (Full name, date of birth, email address and mobile phone number required to open an account).
b. Play a game for one entry into the prize draw. A participant can only play each game once but will receive an entry for each game played.
c. 1 entry per person per game during the Promotional Period. 1 game played = 1 entry.
d. The Promoter reserves the right to determine, in its sole and absolute discretion, whether a participant has already submitted an entry and to disqualify any subsequent entries or prize entitlement.
e. Business addresses will not be accepted. An entrant using a business address to enter will be disqualified.
f. No third party or bulk entries. Entries via third parties, consumer groups or syndicates, entries by macros or other automated means and entries which do not satisfy the requirements of these Terms and Conditions in full will be disqualified. If it becomes apparent in the reasonable opinion of the Promoter that any entrant is using any means to circumvent this condition such as, and without limitation, fraudulently falsifying data; acting fraudulently or dishonestly in the opinion of the Promoter; using identities other than their own; creating fake identities, manipulating data fields, using any automated or manual means in order to increase that participant or household’s entries or otherwise acting in violation of these terms, these participant and household will be disqualified, and any prize entitlement will be void.
6. PRIZE FUND AND PRIZE FULFILMENT
a. There are 6 prize winners in total.
b. The first winner drawn from all eligible entries receives a £3,500 Hoseasons Holiday e-voucher. (‘Prize’).
c. The next five winners drawn from all eligible entries each receive a £750 Hoseasons Holiday e-voucher (‘Prize’).
d. Hoseasons Holiday e-vouchers are valid for 24 months. Vouchers can be redeemed on both Hoseasons and cottages.com, however, they cannot be used as payment towards a special low deposit offer.
e. Prize does not include travel, additional expenses or spending money.
f. Email address required to receive prize.
h. One prize maximum per household.
i. Delivery of the Prize will be arranged within 28 days of winner verification, by a third-party agency.
j. The Prize is not transferable and there is no prize or cash alternative.
k. The Promoter reserves the right to replace the Prize with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.
7. WINNER SELECTION
The six (6) winners will be independently drawn using a random number generator within 28 days of the end of the Promotional Period.
8. WINNER NOTIFICATION AND WINNER VERIFICATION
a. The winners will be notified by SMS, phone message and email within 28 days of the end of the Promotional Period and asked to provide valid proof of ID and valid proof of residential postal address – both which must match the details provided at the point of entry. It is the responsibility of the entrant to ensure that they respond to the winner notification, sending the required information in an email within 14 days of notification.
b. Only official documents will be accepted as valid proof of ID and residential postal address (for example passport, driving licence, council tax bill, utility bill less than three months old or bank statement). Out of date documents will not be accepted.
c. If a winner does not respond within the initial 7 days of the initial prize notification, the winner will be emailed again and given a further 7 days to respond. If contact cannot be made, and the required information is not provided within 14 days of the initial prize notification date an alternative winner will be drawn.
d. If a winner is not able to provide the required valid proof of ID and valid proof of residential postal address to match the details provided at the point of entry, the Promoter reserves the right to withdraw prize entitlement and an alternative winner will be drawn.
e. The Promoter does not accept any responsibility in the event a winner is not able to accept their prize.
9. LIMITATION OF LIABILITY
Entry to the Promotion is at the entrant’s sole risk. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded. To the fullest extent permitted by law, the Promoter, its agents and distributors hereby excludes and shall not have any liability to any entrant or third party in connection with or arising out of this promotion howsoever caused, including for any costs, expenses, claims, forfeited prizes, damages and other liabilities (whether in contract, tort or otherwise), provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by the Promoter’s negligence. For the avoidance of doubt, this clause shall also apply in respect of any prize provided by a third-party provider.
10. DATA PROTECTION
Entrants’ personal data submitted in connection with the promotion will be processed by the Promoter and third-party service providers for the purpose of administering and managing the promotion, distributing prize and verifying the eligibility of entrants/winner. By entering the promotion, entrants agree that their information may be used by the Promoter to administer the promotion and agree to take part in and cooperate fully with reasonable publicity. Data processed by the Promoter will be processed in accordance with the Promoter's Privacy Policy:
11. GENERAL
a. The promoter’s decision is final and binding. No correspondence will be entered into. Entry deems acceptance of these Terms and Conditions.
b. Instructions provided at the point of entry form part of the Terms and Conditions of this Promotion. In the event of a conflict, these Terms and Conditions take precedence.
c. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants or households, where there are reasonable grounds to believe there has been a breach of these Terms and Conditions. Those who try and circumvent the entry process and/or entry instructions by any method, will be disqualified and any prize entitlement will be void.
d. The Promoter reserves the right to cancel, amend, withdraw, terminate or temporarily suspend this Promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment. Such circumstances include, but are not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Promoter.
e. The Promoter takes no responsibility for entries that are delayed, incomplete or lost due to technical reasons or otherwise.
f. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to winner notifications or prizes. The Promoter or their agencies will not be responsible for the non-inclusion of entries, including any such failure which is within the control of The Promoter or their agencies.
g. It is the responsibility of the participant to provide their correct, up-to-date details when entering the Promotion and/or confirming acceptance of the prize in order for their prize to be processed. The Promoter cannot be held responsible for the winner failing to supply accurate information which affects prize acceptance or delivery of their prize.
h. The winners may be asked to take part in reasonable publicity relating to this prize draw without payment. Such publicity may include, without limitation, publishing the winner’s name, photograph and any statements made by them concerning the Promotion and the prize won as part of the Promotion on both Spar or AF Blakemore’s social channels and via other third-party media, local media, or broadcast channels.
i. The surname and county of the prize winners will be made available to anyone who requests them by emailing ARGame@afblakemore.co.uk within 30 days of the closing date. Participants may request their surname and county are not published in the event they win by emailing ARGame@afblakemore.co.uk. Please note the Promoter is required to provide a winner list (including details of any winner who has opted out) to the Advertising Standards Authority if requested.
j. The Promoter’s decision is final and binding in all matters relating to the Promotion and no correspondence will be entered into.
k. If any clause or provision of these Terms and Conditions is declared by a court to be illegal, invalid or unenforceable, this declaration shall not affect the validity and enforceability of any other clause or provision within.
l. The application and interpretation of these Terms and Conditions shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation to any dispute concerning them.
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