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LEGAL

#SBShopsLocal prize draw Instagram terms and conditions

Dated: December 2020

1. Promoter’s name and address
Xbridge Limited, trading as Simply Business, company number 03967717 with registered address at Sixth Floor, 99 Gresham Street, London EC2V 7NG (“Simply Business”)

2. How to participate
2.1 As a participant (“you” and “your”) in the Simply Business #SBShopsLocal prize draw promoted by Simply Business on Instagram (“Prize Draw”), you must abide by these terms and conditions (“Terms and Conditions”) in order for your entry and participation in the Prize Draw to be valid. You are deemed to have accepted and agreed to be bound by these Terms and Conditions upon submitting or attempting to submit an entry to the Prize Draw.
2.2 The Prize Draw is free to enter. To submit an entry to the Prize Draw you must participate in the Prize Draw via Instagram as follows:
2.2.1 to participate in the Prize Draw via Instagram, you must complete all of the following steps using the same Instagram account: a) follow the @simplybusiness account on Instagram, b) ‘like’ the Prize Draw post on the @simplybusiness Instagram account, and c) comment below the Prize Draw post on the @simplybusiness Instagram account by ‘tagging’ the Instagram account of a small business you love or support.
2.3 Subject to you first complying with clause 2.2.1 above, you will be allocated one additional entry to the Prize Draw via Instagram, if you also: a) ‘share’ the Prize Draw post from the @simplybusiness Instagram account on your Instagram story (“Shared Story”), and b) tag the @simplybusiness Instagram account in your Shared Story. The Instagram account used by you must be the same account used by you to participate in the Prize Draw in accordance with clause 2.2.1 of these Terms and Conditions.
2.4 By entering the Prize Draw, you confirm that you are eligible to do so and that you are eligible to claim a Prize (see below clause 5 of these Terms and Conditions for eligibility requirements). Simply Business may require you to provide proof that you are eligible to enter the Prize Draw in order to verify your entry.
2.5 Entries which are incomplete, misspelt, inaudible, or incomprehensible are void and will not be entered into the Prize Draw.
2.6 Up to two entries may be made per user account on Instagram as follows: one entry made in accordance with clause 2.2.1 of these Terms and Conditions, one entry made in accordance with clause 2.3 of these Terms and Conditions. Any entry made in violation of this clause 2.6 will be void and that person or those persons will be excluded from the Prize Draw.
2.7 Entries made on behalf of another person (except in your capacity as a parent, guardian or equivalent) or joint entries, will not be accepted. Entries from agents, organised group entries, bulk entries or entries automatically generated by computer will not be accepted.

3. Start and Closing Dates
The Prize Draw will open on 3 December 2020 and all entries to the Prize Draw must be complete and submitted by the closing date of 23:59:59 (GMT) on 13 December 2020 (“Closing Date”). Any incomplete entries or entries submitted after the Closing Date will be rejected.

4. Winner announcement
4.1 After the Closing Date, the winner will be selected as follows from all valid and eligible entries submitted by the Closing Date: one entry selected at random from all entries using a computerised process by 16 November 2020.
4.2 The winner will be notified by Simply Business via Instagram on 16 November 2020. Simply Business will make contact with the social media account used by the winner to enter the Prize Draw.
4.3 Simply Business’ decision regarding any aspect of the Prize Draw will be final and binding, and no correspondence will be entered into about it.
4.4 Simply Business must either publish or make available information that indicates that a valid award took place. To comply with this obligation, Simply Business will send a copy of the winning entry to anyone who emails [email protected] or writes to Social Media, Simply Business, Sixth Floor, 99 Gresham Street, London EC2V 7NG (enclosing a self-addressed envelope) within one month after the Closing Date.
4.5 If you object to any or all of your entry being published or made available, please contact Simply Business [email protected] or write to Social Media, Simply Business, Sixth Floor, 99 Gresham Street, London EC2V 7NG. In such circumstances, Simply Business must still provide information about the winning entry to the Advertising Standards Authority on request.

5. Eligibility
5.1 This Prize Draw is open to UK residents (except those in Northern Ireland) aged 18 or over who have access to the internet and an active account on Instagram. Please note the following restrictions and requirements apply:
5.2 Simply Business’ employees and their immediate families are ineligible to enter the Prize Draw.

6. The Prize
6.1 The prize for the Prize Draw is 1 x £100 gift vouchers/gift card to spend at notonthehighstreet.com (“Prize”). The Prize will be provided and operated by Notonthehighstreet Enterprises Limited, NOTHS House, 63 Kew Road, Richmond, Surrey, TW9 2NQ, UK with registered company number: 05591382 and its registered Gift Card agents.
6.2 If you are the winner of the Prize:
6.2.1 within 48 hours of notifying you of your win via Instagram, Simply Business will request via Instagram that you provide Simply Business with a valid email address to accept the Prize. In the event that within 48 hours of this request by Simply Business you have not provided all the details requested, Simply Business reserves the right to disqualify you as the winner and award the Prize to another participant; and
6.2.2 subject to clause 6.2.1 of these Terms and Conditions, the Prize will be emailed to the email address provided by you by no later than 30 days from the point at which you provide your valid email address to Simply Business.
6.3 Simply Business reserves the right to substitute a prize of equal or greater value to the Prize in the event of unavailability of the intended Prize.
6.4 The Prize is non-exchangeable and non-transferable.
6.5 Simply Business shall not be liable for any failure of any third party (including, without limitation, the provider of the Prize) to fulfil its contractual obligations although Simply Business shall try to minimise the effect of such failures.
6.6 The Prize will be provided subject to the terms and conditions of the provider of the Prize which govern the use and redemption of the Prize. The current terms and conditions governing the use and redemption of the Prize can be found on the following website and may be amended or updated by the provider of the Prize at any time.
6.7 The Prize Draw is in no way sponsored, endorsed or administered by, or associated with the provider of the Prize or by Instagram.
6.8 By entering the Prize Draw you release Instagram, from any and all legal liability in connection with the Prize Draw. Instagram shall be deemed a third party beneficiary of this clause and have the right to enforce it against you.

7. Winner publicity
7.1. See clauses 4.4 and 4.5 of these Terms and Conditions, with regard to the announcement of winners.

8. Entries
8.1. Simply Business does not claim any rights of ownership in your entry to the Prize Draw.
8.2 You agree that Simply Business may, but is not required to, make your entry available on its website www.simplybusiness.co.uk and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant to Simply Business a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in your Prize Draw entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence your Prize Draw entry and any accompanying materials for such purposes.
8.3. Simply Business reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the Prize Draw.
8.4. No responsibility can be taken for entries that are not seen or taken into account by Simply Business for technical reasons. Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind or inaccessibility or unavailability of the internet. Proof of sending/transmission will not be accepted as proof of receipt. Responsibility is not accepted for e-mails/messaging from Simply Business which are not delivered as a result of any network, computer hardware or software failure of any kind or as a result of an invalid e-mail or other address supplied by the winner, or which are not seen by the winner due to the ‘spam’ or ‘junk mail’ filter settings (or equivalent) on their email or social media accounts.
8.5. All entries made by you must comply with the terms of use of Instagram.

9. Data privacy
9.1. Simply Business (separately to Instagram) will collect the content and information you submit when you participate in this Prize Draw in order to facilitate the Prize Draw and manage your entry. See also clauses 4.4 and 4.5 of these Terms and Conditions, with regard to the announcement of winners.
9.2 All personal data will be kept in accordance with these Terms and Conditions and Simply Business’ Privacy Policy available at www.simplybusiness.co.uk/privacy-policy/

10. General
10.1 If there is any reason to believe that there has been a breach of these Terms and Conditions, Simply Business may, at its sole discretion, exclude you from participating in the Prize Draw.
10.2 Simply Business reserves the right to hold, void, cancel, suspend or amend this Prize Draw and these Terms and Conditions where it becomes necessary to do so.
10.3 Insofar as is permitted by law, Simply Business, 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 of any Prize except where it is caused by the negligence of Simply Business, its agents or distributors or that of their employees. Your statutory rights are not affected.
10.4 These terms and conditions shall be governed in accordance with the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the English Courts.

SBShopsLocal prize draw – Instagram terms and conditions

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© Copyright 2022 Simply Business. All Rights Reserved. Simply Business is a trading name of Xbridge Limited which is authorised and regulated by the Financial Conduct Authority (Financial Services Registration No: 313348). Xbridge Limited (No: 3967717) has its registered office at 6th Floor, 99 Gresham Street, London, EC2V 7NG.