App version of Terms - Hall & Woodhouse Path to Prizes

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Hall & Woodhouse
App Version Terms

Definitions

In these terms the following words shall have the following meanings unless the context otherwise requires:

Act - means the Data Protection Act 1998
App - means the application provided by Hall & Woodhouse for use on electronic devices
Device - means any electronic device that may be used by you in connection with the App
Guaranteed Prize - means the prize displayed for the Milestone but does not include the potential prizes available at a Milestone via the spinning wheel
Milestone - means a point along the path in the App at which a specific prize is activated
Prize - means the Guaranteed Prize or an alternative prize decided by the spinning wheel which you are rewarded with for reaching a certain Milestone and “prizes” should be construed accordingly
Promotion - means the promotion being run by us between 1st September 2013 and 30th November 2013
Public Houses - means our public houses included in this promotion and “Public House” means any one of them
Terms - means these terms and conditions of use
Us - means Hall & Woodhouse Limited and references to “we” and “our” shall be construed accordingly
You - means you the person reading these terms and references to “your” and “yours” shall be construed accordingly

Use of the App

We provide the App for you own personal use and enjoyment and to enable you to participate in the Promotion subject to these Terms. Use of the App indicates acceptance of these terms. If you do not agree with any of the terms we recommend you stop using the App.

Entry

Acceptance of these terms is a condition of use of the App and entry into the Promotion. Any instructions provided during when you enter the Promotion forms part of these terms. Your participation in the Promotion indicates your acceptance to these terms.

If you do not wish to enter the Promotion via the App there is a paper based version; however the rewards are not as high in value. Further details about the paper based version can be found in your local Public House or on our website at www.pathtoprizes.co.uk

This Promotion is open to UK residents aged 18 or over excluding employees of Hall & Woodhouse Limited who are employed at The Brewery, Blandford St Mary, Dorset DT11 9LS.

Only one entry per person. If you first choose to enter via the App you may not then enter by the paper based route. If you first choose to enter via the paper based version you may not then enter via the App.

The Promotion starts on 1st September 2013 and runs until 30th November 2013. The 30th November 2013 is the last day you will be able to scan QR codes onto the App from a Public House. Any scanned after that date will not count.

We cannot guarantee uninterrupted or secure entry to the Promotion via the App. We will not be liable for any interruption, delay or difficulty in entering the Promotion via the App.

No purchase necessary.

Access to and availability of the App

We aim for our App to be available twenty-four hours a day and seven days a week however occasionally you may experience disruptions. We will try to minimise these disruptions which may be caused by a range of factors (some beyond our control) including essential maintenance or problems with the internet.

As a result we cannot give you any promises, and you cannot hold us liable, for any downtime or disruption to the availability of our App.

The App we have developed may be data intensive. We will not be liable for any charges you incur for accessing the App from your device. If you are in any doubt about the charges you are likely to incur we recommend that you stop using the App until you have clarification from your devices internet provider.

In order to ensure the App functions correctly we need to synchronise our content over your devices cellular or Wi-Fi connection. We have no control over your devices internet connection and therefore we cannot warrant that the App will function correctly, if at all.

No entry for underage persons

Unfortunately, due to the nature of some of the prizes, you must be 18 years old or over to use our App and enter into the Promotion. Prior to dispatching any prizes we reserve the right to ask for proof of age.

Prizes

Prizes are won when a Milestone along the path is activated. A Milestone is activated once you have scanned a specified number of QR codes in different Public Houses. There is a Milestone after visiting the following number of Public Houses: 5, 11, 16, 22, 27, 33, 39, 46, 53, 59, 64, 69, 76, 84, 91, 100.

The prizes allocated to a particular Milestone cannot be transferred to a different Milestone all prizes are non-transferable and there is no cash alternative for any prize in whole or in part.

Unless otherwise stated prizes do not include any travel, sustenance or accommodation costs and you must make any necessary arrangements.

All prizes are subject to availability and where applicable and without any guarantee we will try to meet your requirements for sizes, dates, colours and any other preference you may notify us of.

Where any prize is unavailable you may be supplied with another of similar value at our discretion. We will notify you of the need to substitute any prize.

Prizes will only be awarded where you have complied fully with these terms and any entry instructions provided. Our decision in this respect will be final and binding and no correspondence will be entered into.

Vouchers and food and drink prizes must be used at the Public House that activated the Milestone unless stated otherwise and must be used within 30 days of the date you activated them by reaching the Milestone and no extension or alternative will be offered if not used.

Recipients may be required to participate in reasonable publicity.

We are not responsible for and cannot be held liable for any delays or non-delivery of prizes.

Spinning wheel

At each Milestone there is the option to spin a wheel to receive the Guaranteed Prize or an alternative prize. The alternative prize may be of a lower or higher value and you will be able to see the alternative prizes prior to choosing to spin the wheel.

You may chose not to spin the wheel in which case you will receive the Guaranteed Prize.

If you spin the wheel then the prize determined by the spinning wheel within the App is the prize you win and there is no ability to choose between the prizes. The spinning wheel will give one of three prizes, the Guaranteed Prize, a higher value prize and a lower value prize. You will win one of these three prizes.

If you decide to spin the wheel you give up your right to the Guaranteed Prize and agree to be bound by the result of the spinning wheel.

The spinning wheel is completely random and there are no predetermined probabilities for winning either a higher value prize or a lower value prize.

Clothing Prizes

All clothing prizes are available in the following sizes:

T-shirts
small (chest 35”-37”), medium (chest 38”-40”), large (chest 41”-43”), and extra-large (chest 44”-46”)

Jackets
Small (37”), medium (41”), large (45”), extra-large (49”) and extra-extra-large (52”)

All sizes are provided for guidance only. You are responsible for ordering the size you require as no exchanges can be offered.

We give no guarantee that your required size will be available in a specific colour or design at the time you activate the Milestone. We reserve the right to send you an alternative size or design where necessary.

Unless otherwise stated clothing prizes are unisex in design and sizing.

Voucher Prizes

Vouchers will be in an electronic format and stored on your device until the earlier of 30 days from the date the Milestone was reached or when they are redeemed by you.

No change will be given should the amount you spend with us be less than the face value of the electronic voucher.

Electronic vouchers cannot be redeemed in part and can only be used once.

To redeem a voucher prize please make our team member at the Public House aware that you have an electronic voucher to redeem. They will then guide you through the process. You will need to enter a code into the device to redeem the Prize. This code will be given to you by the Public House.

Food and Drink Prizes

Food and drink prizes are valid up to the value specified at the Milestone.

Food and Drink Prizes will be in the form of an electronic voucher which is stored on your device until the earlier of 30 days from the date the Milestone was reached or when they are redeemed by you.

If the food or drink ordered by you is less than the value allowed no change will be given and no alternative offered.

To redeem a food or drink prize please make our team member at the Public House aware that you have an electronic voucher to redeem. They will then guide you through the process. They will need to insert a code into your device to redeem the voucher.

Where the prize is fine wine we reserve the right to determine in our absolute discretion the type of wine and what constitutes fine wine.

Postal Prizes

These are prizes that need to be posted to you by us. We have asked VCG The Promorisk People Limited to do this on our behalf.

These will be sent to the address you specify when you sign up to the Promotion and will require a signature on delivery.

Accommodation Prizes

Full details of how to redeem the accommodation prize will be sent to you once you have activated the Milestone. To book an accommodation prize you must phone the Hospitality Marketing Team on 01258 452141 and they will guide you through the booking process.

Accommodation must be booked within 30 days of activating the Milestone. The stay must be taken by 28th February 2014.

All accommodation offered is for a standard double room only unless otherwise specified in the prize milestone details.

The terms and conditions of the Public House with regard to accommodation apply to the prize and are deemed to form part of these terms.

Prizes offering accommodation at a specific Public House are valid for that Public House only and no alternative will be offered. Where there are a number of Public Houses to choose from then you can book the accommodation with any of the Public Houses specified at that Milestone.

No travel or sustenance costs are included in any of the prizes unless otherwise expressly stated. You are responsible for all travel arrangements and we will have no liability should travel be unavailable.

Once booked accommodation cannot be rearranged.

If we need to cancel your booking due to matters beyond our control we will give you as much notice as possible and work with you to agree an alternative date and/or accommodation.

Brewery Tours

You will be given full booking details when you reach a brewery tour prize milestone. Brewery tours are only redeemable against tours of our Blandford St Mary brewery.

Brewery tours are subject to availability.

Brewery tours are available from Monday to Saturday (excluding Wednesdays) at 11am from January to November. You must book your tour within 30 days of activating the prize milestone and brewery tours should be taken by 28th February 2014.

Once booked brewery tours cannot be rearranged.

Details of our brewery tours can be found here: www.hall-woodhouse.co.uk/take-a-look-around/brewery-tours

Chef for the Day

Full details of how to redeem the chef for the day will be sent to you once you have activated the Milestone. To book the chef for the day you must phone Cheryl on 01258 452141 and she will guide you through the booking process.

The chef for the day must be booked within 30 days of activating the Milestone for a date prior to and including 28th February 2014.

You will be given a set menu to choose from. You will need to choose one starter, one main course and one desert and the same dish will be eaten by all the persons being catered for. When booking please notify us of any allergies/dietary requirements you may have to allow the chef to cater for your requirements. If you do not tell us about it we cannot be held liable if the chef provides food to which you are intolerant.

The chef for the day also has discretion where in the UK they are willing to travel. In the instance only that the chef for the day is unwilling in their absolute discretion to travel to your home address we may offer you a voucher based alternative.

Drinks will not be provided by the chef for the day unless expressly stated. If the chef for the day is required to provide drinks they will provide one bottle of wine per course, these will be suitable for the course and a wine list will be sent to you to make your selection from subject to availability.

Once booked the chef for a day cannot be rearranged.

Wild Food Foraging Course

Full details of how to redeem the wild food foraging course will be sent to you once you have activated the Milestone. To book the chef for the day you must phone the Hospitality Marketing Department on 01258 452141 and they will guide you through the booking process.

The wild food foraging course must be booked within 30 days of activating the Milestone for a date prior to and including 28th February 2014.

The prize is subject to availability.

Once booked the foraging course cannot be rearranged.

This prize will be at the Wild Garlic at the Talbot, in Iwerne Minster, Dorset. Travel costs are not included in the prize.

Should Mat Follas be unavailable for any reason we may provide a foraging course with an alternative person or at an alternative location where applicable, we may also provide alternative accommodation or sustenance should there be matters beyond our control.

All allergies should be notified to the Wild Garlic directly.

To find out more about the Wild Garlic at the Talbot, or the wild food foraging course on offer please visit: http://thewildgarlic.co.uk/page/239807-courses-vouchers.aspx

Property Details

This App includes information about our Public Houses. This information is provided to help you in make a decision about which Public House to visit. We cannot always guarantee that the information about our Public Houses will be accurate or up to date; therefore if you want to establish whether any details about a Public House are correct then please contact the Public House directly.

We advise you to check opening hours with the Public House you wish to visit before making any journey.

Intellectual Property

We reserve all our rights and ownership in relation to all intellectual property used or incorporated into the App and no right, licence or benefit to such is granted to you. You agree that nothing in these terms creates or gives you any right of ownership of any intellectual property, used or incorporated into the App or any part of it.

Privacy

We are required by law to comply with the Act. The Act relates to how we process the personal information that we obtain from you on our website.

We may ask you to provide us with certain information when using our App. We may ask for your email address, or other personal information.

The information you provide us with will be used to communicate with you. We will also use it to contact you to tell you of any new developments, products or services that may be of interest to you. We may also use your personal information for internal purposes such as research and analysis.

While we do not provide your personal information to third parties for marketing purposes, it may be necessary to provide it to our agents or third parties with whom we contract to help us analyse the data we receive.

If you do not wish us to use your data for marketing purposes please do let us know; similarly if you wish us to stop using your data for marketing purposes please do let us know by writing to the Hospitality Marketing Team, Hall & Woodhouse, The Brewery, Blandford St Mary, Dorset, DT11 9LS.

Amendments

Occasionally we may need to update these terms to make sure they continue to work for us and you. It is not our usual practice to notify you of any change to these terms; therefore we advise you to check back regularly to ensure that you are still happy to access the App under the current terms.

If at any time you no longer agree to use our App in accordance with the terms then please stop using our App immediately.

Third party websites

To make things easier for you we may include links to other webpages operated by third parties. We provide these links solely for your convenience. We do not endorse the use of third party webpages and if you decide to use any link provided by us to a third party webpage you do so entirely at your own risk. We accept no liability in respect of your use of third party webpages.

Limitation of Liability

You are responsible for taking your own precautions when using the internet to access our App or any website.

We provide our App without giving you any warranties or guarantees. We try to ensure that any information provided on our App is up to date and complete however there may occasionally be an error on the App for which we take no responsibility.

We will not be liable for any person relying on any part of our App.

We will not accept any liability should any Prize be unavailable in whole or in part.

We give no warranty that a Prize will match the exact description provided at a Milestone.

All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979, as amended) are, to the fullest extent permitted by law, excluded from these Terms.

For the avoidance of doubt, nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or with regards to section 2(3) of the Consumer Protection Act 1987. Subject to this, we shall have no liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, deliberate repudiatory breach, restitution or otherwise, arising in connection with the performance or contemplated performance of the Promotion or the App.

We shall not be liable to you in contract, tort (including but not limited to negligence) or otherwise for any special, indirect or consequential loss or damage, which arise directly or indirectly out of or in connection with your participation in the Promotion or the App.

We shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Prizes (even if caused by our negligence). Any liability of ours for non-delivery of the Prizes shall be limited to replacing the Prizes in accordance with these Terms. For the avoidance of doubt nothing in these terms places an obligation on us to provide any Prize.

Your liability

If you breach any of these terms then you agree to be liable for and indemnify us against all third party claims demands and actions and in relation to all liabilities, losses costs, charges, damages and expenses of whatever nature (including legal fees) incurred in relation to any demands or actions, to the extent that the liability arises from your breach of these terms or a breach by any third party using a device belonging to you to access our App.

Termination

We may terminate your right to use our App or take part in our Promotion if you breach any of these terms at any time or for any reason.

General

You agree that the Promotion and the App incorporating these terms do not intend that any of these terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to it.

The Promotion, App and these terms are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with Promotion, App or these Terms.

If for any reason any of these terms are found to be illegal, invalid or unenforceable under English law then that term shall be removed or such alterations made to allow the remaining terms to be unaffected and fully enforceable (to the fullest extent permitted by law).

Your use of the App and the Promotion and these terms are governed by the laws of England and any dispute arising out of these terms or use of the website is subject to the exclusive jurisdiction of the courts of England.

Agents

To help us design, maintain and operate the promotion we use the following agencies:

VCG The Promorisk People Limited for fulfilment of our obligations under the App

Salad Creative Limited for the design and maintenance of the App

Company details

Hall & Woodhouse Limited is a company registered in England with company number 57696. Our registered address is:

Hall & Woodhouse Limited,
The Brewery
Blandford St Mary
Dorset
DT11 9LS

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