VAILLANT GROUP UK LIMITED T/A GLOW-WORM
GLOW-WORM INDEPENDENT MERCHANT PROMOTION - SCRATCH AND WIN
TERMS AND CONDITIONS (the "Conditions")
The following Conditions (including Schedule 1: Particulars ("Particulars")) are a legal agreement between you and Vaillant Group UK Limited, a company incorporated in England and Wales with company number 0294316, whose registered office is at Nottingham Road, Belper, DE56 1JT, United Kingdom ("Vaillant") t/a Glow-worm ("Glow-worm").
1.1 Subject to the remainder of clause 1 below, the opportunity to win a Prize set out in the Particulars ("Prize") is open to applicants, over the age of 18 years, who are resident in mainland United Kingdom through the Glow-worm Independent Merchant Promotion – Scratch and Win ("Promotion"). For the avoidance of doubt, mainland United Kingdom excludes, without limitation, the Channel Islands, Isle of Man and/or Northern Ireland ("Territory") ("Applicant", and the terms "Applicants" shall be interpreted accordingly).
1.2 The Promotion is not open to any Applicant who is at any time during the period indicated in clause 1.3 below, an employee of:
(a) Glow-worm; or
(b) any other member of Glow-worm's group of companies; or
(c) any marketing services agency, handling house or other company involved directly with the administration of the Promotion,
or any member of any of such employees' households.
1.3 The Promotion is open only during the period set out in the Particulars ("Period"), unless such Period is extended or terminated by Glow-worm at any time.
1.4 To qualify for the Promotion, the Applicant must, in the Territory and during the Period:
(a) be, or become, a Glow-worm Club Energy member;
(b) be an installer who is registered with and appears on the Gas Safe Register;
(c) be a sole trader or a company;
(d) purchase any Qualifying Product from a Participating Merchant branch as detailed in Schedule 1; and
(e) register the Qualifying Product on their Glow-worm Club Energy account (which shall constitute an "Entry" for the purposes of this Promotion and the term "Entries" shall be interpreted accordingly);
(together the "Qualification Conditions").
1.5 Each Qualifying Product that is registered, will allow each Applicant to redeem the prize from their scratchcard.
1.6 Applicants who have not registered as a Glow-worm Club Energy member, must do so to be eligible for the Promotion.
2. The Promotion
2.1 The Applicant may be required, upon request by Glow-worm at any time, to provide further documents:
(a) in support of their Entry; and/or
(b) in accordance with these Conditions (including, but not limited to, as required under clauses 1.4 and/or 4.3).
2.2 Any Entry made outside the Period will be deemed invalid for the Promotion.
2.3 Early, late, illegible, incomplete, invalid, defaced or corrupt Entries will not be accepted. An Entry made using a different method or technique from the method set out in clause 1.4 above will not be accepted. No responsibility can be accepted where any Entry is not validly registered for any reason.
2.4 Glow-worm accepts no responsibility for entries not successfully completed due to a technical fault technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
2.6 If required, Glow-worm will be entitled to share the delivery details of the Applicant with a courier of Glow-worm's choice or another third party.
2.7 By making an Entry, Applicants are deemed to have accepted and agreed to be bound by these Conditions. Glow-worm reserves the right to refuse entry, or refuse to award a Prize to anyone in breach of these Conditions.
2.8 Glow-worm reserves the right to change the Qualification Conditions for the Promotion. Glow-worm shall exercise reasonable endeavours to notify the Applicant of any such changes and shall do so via the Website.
2.9 Glow-worm reserves the right to amend or cancel the terms of the Promotion without notice.
2.10 Glow-worm regrets that it is unable to accept or send any other correspondence concerning the Promotion other than as set out in these Conditions.
3. Prize Draw
3.1 The method of selecting the winning Applicants is set out in the Particulars ("Prize Draw Method").
4.1 Every Applicant who submits a qualifying Entry in accordance with clause 1.4 during the Period will be given a scratch card which provides an opportunity to win a Prize.
4.2 A Prize is non-transferable.
4.3 Each winning Applicant must:
(a) provide Glow-worm with any contact details requested by Glow-worm;
(b) provide Glow-worm with their address for delivery of a Prize;
(c) provide Glow-worm with (if requested by Glow-worm) evidence of their registration on the Gas Safe Register;
(d) provide any other documents and/or other necessary information, requested by Glow-worm from time to time.
(e) contact Glow-worm's distribution agent to claim the Prize as specified on the scratchcard.
4.4 If a winning Applicant:
(a) fails to provide all relevant documents and/or information to Glow-worm in accordance with clause 4.3 above; or
(b) in any other way contravenes these Conditions,
then the winning Applicant's Prize will be forfeited. Any winning Applicant who forfeits their Prize will not receive any payment or compensation of any kind.
4.5 A Prize will be delivered to the winning Applicant following the delivery conditions set out in the Particulars after the Applicant supplies Glow-worm with the documents and/or information under clause 4.3 in accordance with these Conditions.
4.6 It is the Applicant's responsibility to ensure that the contact details and address details provided to Glow-worm in accordance with clause 4.3 are accurate. Glow-worm accepts no responsibility for delivery to the wrong address in the event the Applicant failed to update their details, or such details being inaccurate.
4.7 Applicants should not send requests to enter the Promotion to any address set out in these Conditions, as they will not qualify for the Promotion and will not be responded to.
4.8 A Prize may be subject to additional terms and conditions imposed by Glow-worm or other organisation connected to the Promotion.
4.9 The decisions of Glow-worm in respect of any and all aspects of the Promotion will be final and binding.
4.10 In the event that a Prize is not available, for whatever reason, Glow-worm reserves the right to substitute a Prize with product(s) of equal or greater value at any time.
5. Privacy, copyright and intellectual property
5.1 Glow-worm may keep the Applicant informed of Glow-worm's products and services by email, post and/or telephone, in accordance with:
(a) the consents provided by the Applicant in accordance with the terms & conditions applicable to all users of the applicable social media pages;
(b) the consents provided by the Applicant to Glow-worm from time to time; and
5.2 The Applicant may write to or email Glow-worm at the address provided in the Particulars if they do not want to receive any information in accordance with clause 5.1 above. Alternatively, the Applicant may follow the opt-out links on any marketing messages sent to you by Glow-worm.
5.3 The Applicant expressly authorises Glow-worm to provide the Applicant’s details to third parties, or such part(s) of their details as is necessary, as needed to comply with these Conditions, and/or any applicable law.
5.4 The Applicant acknowledges that Glow-worm and/or other members of its group of companies are the owner of any and/or all Intellectual Property Rights relating to the names, logos, trademarks, products, services, get-up, van livery, trade dress, labels, stickers, leaflets, flyers and posters used in the Promotion from time to time ("Marketing Materials"). For the avoidance of doubt, in these Conditions, Intellectual Property Rights means any and/or all patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
5.5 The Applicant acknowledges that any Marketing Materials provided to the Applicant by Glow-worm, any member of Glow-worm's group of companies, any other marketing services agencies, handling houses or other companies involved directly with the administration of the Promotion in accordance with these Conditions, may contain Intellectual Property Rights. The Applicant’s licence, if any, to use any such Marketing Materials and/or any of the Intellectual Property Rights in them, is solely for the Applicant’s benefit and may be revoked at any time and the Applicant is prohibited from sub-licensing, assigning, transferring and/or dealing with any such Intellectual Property Rights and/or Marketing Materials in any way.
5.6 The Intellectual Property Rights in Glow-worm's name and logo are owned by Vaillant GmbH, a company registered in Germany whose registered office is Berghauser Str. 40, Remscheid, Germany, 42859.
6.1 Nothing in these Conditions shall limit or exclude Glow-worm’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
6.2 Subject to clause 6.1 above:
(a) Glow-worm shall under no circumstances whatever be liable to any Applicant or Applicant in respect of this Promotion, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Promotion;
(b) Glow-worm shall under no circumstances whatever be liable to a winning Applicant in respect of the choice, quality, relevance and/or appropriateness of a Prize, and/or any injury or damage caused by or arising from their use of a Prize; and
(c) Glow-worm's total liability to any Applicant in respect of all other losses arising under or in connection with any Entry made under the Promotion and/or a Prize, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Prize received by the Applicant.
6.3 Each Applicant shall keep Glow-worm indemnified against all liabilities, costs, expenses, damages and losses (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered and/or incurred by Glow-worm as a result of or in connection with any claim made against Glow-worm by a third party arising out of or in connection with the Promotion, to the extent that such claim arises out of or is contributed to by the breach by the Applicant and/or its employees, agents or subcontractors of these Conditions.
6.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Conditions.
6.5 Glow-worm is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that this prevents the Applicant from or otherwise obstructs the Applicant from participating in the Promotion.
6.6 The Applicant shall be liable for any and/or all taxation liabilities that may arise under or in accordance with the Promotion ("Tax Liability"). For these purposes, Tax Liability shall include any and/or all of the following:
(a) income taxes, including any taxes arising from benefit in kind taxes;
(b) National Insurance;
(c) any other relevant United Kingdom taxes; and/or
(d) any other relevant corporate tax or other tax liabilities.
7. Fraud and other events
7.1 Glow-worm reserves the right to audit each Entry to ensure that these Conditions have been met and to request reasonable additional information, and supporting documents, regarding an Entry.
7.2 Glow-worm reserves the right to modify or discontinue, temporarily or permanently, the Promotion with or without prior notice due to reasons outside its control including, but not limited to, anticipated, actual or suspected fraud.
7.3 Glow-worm shall not be liable for any failure to comply with these Conditions where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, acts of God, adverse weather, fire, flood, pandemic or epidemic, computer virus, mobile phone failures, bugs, sabotage, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion or unrest, terrorism or supervening legislation. Accordingly, Glow-worm may, at its absolute discretion, vary or amend the Promotion and the Applicant agrees that no liability shall attach to Glow-worm as a result.
7.4 Submission of a false, incorrect, misleading or fraudulent Entry, information or other supporting documentation may result in disqualification from this Promotion and/or all future promotions run by Glow-worm and in the Applicant being subject to prosecution.
8.1 The parties agree that the Conditions constitute the entire agreement between them, and supersede all other drafts, agreements, arrangements and understandings between them in relation to its subject matter, and any terms contained in any of the Marketing Materials.
8.2 The Promotion and these Conditions shall be governed by the law of England and Wales.
8.3 The Applicant and Glow-worm irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
8.4 For questions regarding the status of an Entry please get contact Glow-worm via the email address set out in the Particulars.
8.5 If you have any difficulty accessing or entering this promotion, please contact Glow-worm via the email address set out in the Particulars and/or use the Website accessibility tools available at the Website. If you would like these terms and conditions in another format (for example: audio, large print, braille) please contact Glow-worm and it will endeavour to provide it.
8.6 These Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional material.
Please retain a copy of these Conditions for your reference.
Schedule 1: Particulars
|Clause in Conditions|
|Clause 1.7||Participating Merchant||Gas Brits Ltd; Fairfax Plumbing SE Ltd; Edwards Bathroom Plumbing and Heating Ltd; and Farr & Harris Ltd.|
|Clause 1.4 and 1.5||Qualifying Product||Any boiler in the 'Energy' or 'Compact' ranges sold by Glow-worm.|
|Used throughout||Promoter (s)/ Glow-worm||Vaillant Group UK Limited t/a Glow-worm.|
|Used throughout||Promotion||The Glow-worm Independent Merchant Promotion – Scratch and Win.|
|Used throughout||Prize(s)||Include tools, gadgets, merchandise, credit and other rewards selected at Glow-worm's discretion from time to time.|
|Clause 1.3 and used throughout||Period||The period begins at 00:01 GMT on 1st October 2022 and expires at 23:59 GMT on 31st December 2022.|
|Clause 2.5 and used throughout||Website||https://www.glow-worm.co.uk and www.glow-worm.co.uk/scratchandwin and https://www.glow-wormclubenergy.co.uk|
|Clause 3.1||Prize Draw Method||Where an Applicant makes a purchase of a Qualifying Product from a Participating Merchant, the Applicant will receive a scratchcard which will reveal a Prize. In order to claim the Prize, the Applicant must: (i) register the Qualifying Product on Glow-worm Club Energy; and (ii) contact the relevant Glow-worm regional business manager, who will arrange for delivery of the Prize.|
|Clause 4.5||Delivery Conditions||A prize will be distributed to a winning Applicant by Glow-worm's distribution agent using the delivery address provided by the Applicant.|
|Clause 5.2 and used email@example.com|