1. The Promotion
(a) The Promoter: The Promoter is GAMA Healthcare Ltd., with offices at The Maylands Building, Maylands Avenue, Hemel Hempstead, Hertfordshire, HP2 7TG.
(b) Promotion Period: The Promotion runs from 00:01 GMT on 8 February 2021 to 23:59 GMT on 7 March 2021 inclusive.
(c) The Promotion: You (the “Nominator” or “you”) have the opportunity to nominate an unsung hero who has taken on cleaning responsibilities during the COVID-19 pandemic (the “Nominee” or “Cleaning Hero”) for a £1000 prize by sharing an anonymised story (the “Cleaning Hero Story”) explaining why your Cleaning Hero deserves to win and completing all mandatory fields of the online form (the “Nomination”). If your Cleaning Hero Story is selected and both the Nominator and Nominee are verified to be eligible and these Terms and Conditions are satisfied, the Promoter will award both Nominee and Nominator as follows:
i. Winning Nominee: a prize of £1000 delivered via BACs, PayPal or cheque (at winning Nominee’s option) (“Nominee’s Prize” or “Prize”)
ii. Winning Nominator: a year’s supply of Clinell Universal antibacterial wet wipes, to be delivered as 1 x 100 wipes BCW100 pack per month - adds up to 12 x 100 wipes BCW100 product (“Nominator’s Prize” or “Prize”).
No purchase necessary; however, internet access and a valid email address are required.
Both Nominator and Nominee must be residents of the United Kingdom aged 18 years or over. Employees of the Promoter, their families (defined as parents, children, siblings, spouses and life partners), Promoter’s agents and anyone professionally associated with this Promotion are not eligible to participate.
The Promoter reserves the right to reject any Nominations which, in its reasonable opinion, violate any of these Terms and Conditions.
3. How to enter
Visit https://gamahealthcare.com/clinell-cleaning-heroes and complete all mandatory fields in the online form to make your Nomination. In the space provided for your Cleaning Hero Story, explain why you want to nominate the Nominee in 250 words or less without including any information that could be used to identify the Nominee, such as name, employer, title, place of work or other identifying details, or your entry will be disqualified. For greater clarity, only anonymised Cleaning Hero Stories will be accepted.
You must ensure that the contents of your Nomination are true, accurate and balanced, do not contain any Prohibited Content or violate any Submission Restrictions (see Clause 4), and are based on your own experiences, or experiences you reasonably believe to be those of the Nominee.
By entering this Promotion, you will be deemed to have agreed to be bound by these Terms and Conditions.
4. Prohibited Content and Submission Restrictions:
The Promoter reserves the right to immediately reject Nominations which, in the reasonable opinion of the Promoter, including Prohibited Content or violate Submission Restrictions, without further notice to you:
(a) Prohibited Content: You must not include content that, in the Promoter’s reasonable opinion:
i. contains defamatory, violent, malicious, abusive, harassing, threatening, derogatory, indecent or other inappropriate language or imagery (including sexuality and nudity);
ii. is offensive, obscene, or objectionable with respect to race, religion, origin or gender, sexual orientation, disability, age or other prohibited ground of discrimination;
iii. promotes a political agenda;
iv. could reflect negatively upon the name, reputation or goodwill of the Promoter or any brand partner, or which is otherwise unsuitable for publication;
v. contains or refers to any third-party brand or names, logos and/or trademarks;
vi. infringes or violates the rights of any third party, including but not limited to, ownership, copyright, trademark, patent, logo, licensing rights, rights of publicity or privacy or any other intellectual property rights.
(b) Submission Restrictions: The Promoter reserves the right to disqualify any winning Nomination and void Prize award at any time without further notice to Nominator for any Nomination Promoter reasonably suspects violates these Submission Restrictions:
i. Nomination Limit: You may enter a maximum of 5 Nominations, but you may only nominate the Nominee once and you may not nominate yourself.
ii. Your Nomination must be made directly by you and may not be made anonymously or through automated means, for example through bulk Nominations from trade, consumer groups or third parties, macros, ‘scripts’, ‘brute force’, manipulated IP addresses, or the use of other identities or means to conceal the Nominator’s identity and/or circumvent the Nomination Limit. The use of anonymous email services such as, but not limited to, GuerillaMail, Dispostable or Mailinator is expressly prohibited.
iii. Your Nomination must be complete, legible and intelligible.
5. Verification, Selection and Prize Acceptance
(a) Shortlisting: The Promoter will securely transmit all Nominations received during the Promotion Period to PromoVeritas Ltd., an independent promotional verification service, who will review and create a pool of valid Nominations for the draw and assist Promoter in administering the Promotion, including by communicating with selected and shortlisted Nominators and Nominees. Within 3 working days of the end of the Promotion Period, PromoVeritas will randomly draw 1,000 Nominations for judging and will select 5 shortlisted Nominations for each of Wales, Scotland and Northern Ireland, and 45 shortlisted entries for England, based on the following criteria, scoring each one out of 20 points
Nominee demonstrates a passion, care and inclusivity for their colleagues.
The level of positive impact that the person had on those around them.
Symmetry with the Promoter’s brand core values.
(b) Winner Selection: A panel of judges comprised of Promoter’s staff and staff of Four Communications, a marketing agency engaged by the Promoter, will judge the shortlisted Nominations according to the criteria above and select 1 winning Nomination from each of the following regions: Wales, East Midlands, East of England, London, North East & Cumbria, North West, Northern Ireland, Scotland, South East, South West, West Midlands, Yorkshire & the Humber. Up to 12 wining Nominations will be selected.
(c) Winner Notification: PromoVeritas will contact each winning Nominator via the email address provided on the Nomination within 5 working days of Winner Selection and may also contact shortlisted Nominators. The winning and shortlisted Nominators will be required to ask the winning Nominee to email PromoVeritas at email@example.com to claim their Prize within 14 days of initial contact by PromoVeritas to Nominator (“Initial Contact”).
(d) Lapse and Reallocation: In the event that a winning or shortlisted Nominee or Nominator does not contact PromoVeritas within 14 days of Initial Contact, the Promoter reserves the right to disqualify that winning or shortlisted Nomination. Neither the Nominator nor the Nominee will receive a Prize for a disqualified Nomination. The Promoter reserves the right to reallocate the Prizes to a reserve (i.e. shortlisted) winning Nominee-Nominator pair from that region selected in the same manner. Reserve winners may have less time to respond but will be informed of the time limits on Initial Contact.
(e) Eligibility Verification: Prize award is contingent on verification to Promoter’s satisfaction of the selected or shortlisted Nominator, the Nominee and the Cleaning Hero Story. The Promoter may request or process such information as it considers reasonably necessary for this purpose and may withhold a Prize unless and until the Promoter is satisfied with the verification. If any part of the Nomination cannot be satisfactorily verified, or if a selected or shortlisted Nominator or Nominee’s fraud, dishonesty, breach or non-entitlement under these Terms and Conditions is discovered, the Promoter reserves the right to disqualify the entire Nomination and refuse to award a Prize (or seek recovery of its value if the Prizes have already been awarded). Both the Nominator Prize and Nominee Prize may be reallocated to a reserve winning Nominee-Nominator pair.
6. Prize Delivery and Limitations
(a) Prize Acceptance: Prize Acceptance will occur when verified winning Nominees and Nominators (including those that are shortlisted or reserved) provide the information required for Prize delivery in writing to Promoter as follows:
i. Winning Nominee Prize (£1000): preferred payment method (BACs, PayPal or cheque) and any other information required to process payment. Winning Nominees are responsible for providing correct bank account or other details and the Promoter will not be liable for any Prize payments made into the wrong bank account or delivered to the wrong individual.
ii. Winning Nominator Prize (wipes): up-to-date postal address and any special delivery instructions for delivery.
(b) Prize Delivery: Winning Nominees and Nominators should expect to receive their Prizes within 28 days of Prize Acceptance (“Delivery Deadline”). In the unlikely event that a Prize fails to arrive by the Delivery Deadline, the winning Nominees and Nominators (as applicable) will have a further 28 days from Delivery Deadline to notify PromoVeritas, failing which the Promoter reserves the right not to reallocate the Prize or to limit its value at its sole discretion. (c) Limitations and Substitutions: The Prizes are not transferable or exchangeable and cannot be redeemed for monetary value or for any other form of compensation. If for any reason any element of a Prize is not available, the Promoter reserves the right, at its sole discretion, to substitute another prize for it, of equal or greater value.
7. Publicity and Intellectual Property
(a) License to Cleaning Hero Story: Copyright in the Cleaning Hero Story will remain with the winning or shortlisted Nominator. By submitting a Nomination, each Nominator grants to the Promoter a non-exclusive, non-revocable, worldwide, royalty-free, fully paid, unlimited, sub-licensable, perpetual licence to use the copyright and other intellectual property rights vesting in their anonymised Cleaning Hero Story for all purposes connected with this Promotion for up to 3 years from the date of Nomination submission and without further compensation, including but not limited to:
display on the Promoter’s website and any other website chosen by the Promoter or its agents/contractors;
social media channels and ads including Facebook, Twitter and Instagram;
marketing materials of Promoter’s choosing;
modify or shorten to improve readability without changing factual basis or spirit of the Cleaning Hero Story.
(b) Each Nominator hereby represents and warrants that they have all rights necessary to grant the licence and rights provided for in this Clause 7 and that all materials forming part of their Nomination, and any use of such materials by or on behalf of the Promoter, comply with all applicable laws, rules, and regulations and do not infringe or otherwise violate the intellectual property, data protection or other rights of Nominee or any third party.
8. Data Protection
(a) General: Any personal data processed in connection with this Promotion is processed as described Promoter’s Privacy Notice (https://gamahealthcare.com/privacy-policy) and in accordance with the Data Protection Act 2018, the UK General Data Protection Regulation the Privacy and Electronic Communications (EC Directive) Regulations 2003, and other applicable data protection laws as amended from time to time.
(b) Cleaning Hero Stories: On their own, Cleaning Hero Stories are anonymous and do not constitute personal data. However, they may become personal data when combined with other information in the Nomination (such as Nominator’s personal data) or other personal data made available to the Promoter, or, if publicised, the public (such as Nominee name, image or identifying information).
(c) Publicity: The Promoter has a legitimate interest in publicising the Cleaning Hero Story and limited information about winning or shortlisted Nominators and Nominees (such as first and last name and county), in the manner described in Clause 7, however the individual concerned may object to such use via email to firstname.lastname@example.org. In addition, the Promoter may request that winners or shortlisted Nominators/Nominees participate in other publicity arising from the Promotion. They are under no obligation to participate and may decline this request at their discretion. Participation in publicity is not a condition of Prize Acceptance or award. (d) Advertising Standards Authority: Without prejudice, the Promoter may provide winner or shortlisted Nominator/Nominee names and county of residence information to the Advertising Standards Authority on reasonable request to comply with a legal obligation.
9. Limitation of Liability
Promoter and its agents / contractors assume no responsibility for Nominations which are lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. Proof of submission will not be accepted as proof of receipt. The Promoter does not guarantee continuous or secure access to the Nomination page.
Should an act, omission, event or circumstance occur which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions the Promoter will not be liable for any failure to perform or delay in performing its obligations.
The Promoter together with any associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a Prize, except for any liability which cannot be excluded by law. Nothing will exclude the Promotor’s liability for death or personal injury as a result of its negligence.
10. Applicable Law; Interpretation
(a) Applicable law: These Terms and Conditions are governed by the laws of England and Wales and their interpretation and application will be subject to the exclusive jurisdiction of the courts of England and Wales.
(b) Conflict: In the event of a discrepancy between these Terms and Conditions and the details in any promotional material, the details in the Terms and Conditions will prevail.
(c) Severability and Survival: If any provisions of these Terms and Conditions are judged to be invalid, illegal or unenforceable, this will not affect or impact the continuation in full force and effect the remainder of the provisions.
(d) Termination: In the event that the Promotion is not capable of running as planned for reasons including but not limited to tampering, unauthorised intervention, fraud, dishonesty, technical failures, or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right to disqualify any individual who tampers with the Nomination process or does not comply with these Terms and Conditions and to cancel, modify or suspend the Promotion or invalidate any affected entries.