This Agreement is made on the 1st of June 2024 Between Michael D. Bear and participants in his Dissertation Research Survey who choose to redeem a promotional code for a free copy of eBook “A Practical Guide to: UK Employment Law” via michaelhr.com & Lemon Squeezy between 1st June 2024 and 30th of June 2024 inclusive (herein “Participants”).
Parties
This Agreement is between Michael D. Bear, an individual (the "Organiser") and the individual agreeing to these terms ("Participant").
Background
(A) The purpose of this Agreement is to set out the terms and conditions ("Terms") under which the Participant may enter the prize draw competition ("Competition") organized by the Organiser.
(B) The Organiser intends to conduct the Competition and the Participant intends to enter the Competition, both parties agreeing to abide by these Terms.
(C) The Competition is a free prize draw, and the Participant's entry into the Competition is subject to the detailed terms set out in this Agreement.
(D) This Agreement is designed to comply with all relevant UK laws and regulations governing prize draw competitions, and both parties agree to conduct themselves in accordance with such laws and regulations.
- Definitions
1.1. In this Agreement, unless the context otherwise requires, the following words and phrases shall have the following meanings:
- Agreement: The entire contract, including all its sections and appendices.
- Organiser: The organiser of the prize draw competition.
- Participant: The individual entering the competition.
- Entry: The act of participating in the competition, as defined in the Entry Procedure section.
- Prize: The reward to be given to the winner of the competition.
- Winner: The participant who is selected to receive the prize.
- Competition: The prize draw competition organized by the Organiser.
- Terms: The terms and conditions set out in this agreement.
1.2. Any reference in this Agreement to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3. The headings in this Agreement are for convenience only and shall not affect its interpretation.
1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2. Eligibility Criteria
2.1. The Competition is open to individuals who are at least 18 years of age at the time of entry. If a Participant is under 18 years of age, they must obtain parental or guardian consent to enter and the parent or guardian may be asked to confirm such consent in writing.
2.2. The Competition is open to residents of the United Kingdom only.
2.3. The Organiser, their immediate family members, and anyone professionally connected with the Competition are not eligible to enter.
2.4. Each Participant is limited to one Entry in the Competition. Multiple Entries from the same Participant will result in disqualification.
2.5. By entering the Competition, the Participant agrees to comply with these Terms. Failure to comply with these Terms may result in disqualification from the Competition.
2.6. Any additional eligibility criteria specific to the Competition will be stated in the Competition announcement or other promotional materials.
3. Entry Procedure
3.1. Method of Entry: To enter the Competition, the Participant must redeem a promotional code for a free copy of eBook “A Practical Guide to UK Employment Law” via MichaelHR.com during the competition entry period. The promotional code will be provided during completion of a dissertation research survey. Entries not made in accordance with these instructions will not be accepted.
3.2. Entry Period: The Competition will commence on 1st June 2024 at 20:00 BST and close on 30th June 2024 at 23:59:59. Entries received outside of this period will not be considered.
3.3. Number of Entries: Each Participant is allowed one entry per person.
3.4. Entry Costs: There is no entry fee required to enter this Competition. No additional payment is required to win the Prize.
3.5. Incomplete or Ineligible Entries: If a participant does not complete the checkout process for their free copy of the eBook, entry into the competition will not be accepted. The Organiser reserves the right to verify the eligibility of all entries.
3.6. Proof of Entry: Only entries received in accordance with these Terms will be accepted.
3.7. Technical Issues: The Organiser is not responsible for any technical issues that may result in an entry not being received for any reason or for entries received which are corrupt or not in accordance with these Terms.
4. Prize Details
4.1. The prize for the Competition is one (1) Amazon.co.uk eGift Voucher, with a value of £100.
4.2. The Organiser reserves the right to impose reasonable conditions related to the Prize if necessary.
4.3. In the event that the Prize described in Clause 5.1 becomes unavailable for any reason, the Organiser reserves the right to substitute the Prize with another prize of equivalent value.
4.4. The Prize will be delivered to the Winner within 5 days of the Winner being notified. The Organiser will bear the cost of delivering the Prize to the Winner.
4.5. There is no cash alternative available. The Prize must be accepted as awarded and is non-transferable.
4.6. Any tax implications arising from the receipt of the Prize are the sole responsibility of the Winner. The Organiser accepts no responsibility for any tax implications that may arise from the Prize winnings.
5. Selection and Notification of Winner
5.1. Selection Process: The Winner of the Competition will be selected at random from all valid Entries received by the Organiser by the closing date. The selection will take place within 24 hours following the closing date of the Competition.
5.2. Notification Process: The Winner will be notified by the Organiser via the email used to redeem the free eBook within 5 days of the selection. The notification will include instructions on how the Winner can claim their Prize.
5.3. Unclaimed Prizes: If The Winner cannot be contacted or does not claim their Prize within 30 days of notification, the Organiser reserves the right to withdraw the Prize from the Winner and select a replacement Winner.
5.4. Publicity: The Winner agrees to the use of their name in any publicity material related to the Competition. Any personal data relating to the Winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
5.5. Disqualification: The Organiser reserves the right to disqualify the Winner if they have breached any of these Terms, are found to be ineligible, or cannot be contacted or do not claim their Prize within the specified time period.
6. Data Protection and Privacy
6.1. Data Collection: The Organiser will collect personal data from the Participant, including but not limited to name, contact details, and any other necessary information for the purpose of managing entries to the Competition. The Participant consents to this collection of personal data upon entering the Competition.
6.2. Data Use: The Organiser will use the collected data for the purposes of managing the Competition and contacting winners. The Participant consents to this use of personal data upon entering the Competition.
6.3. Data Storage and Security: The Organiser will store the collected data in a secure storage system, with appropriate measures such as encryption and access controls in place to protect the data from unauthorised access, alteration, or disclosure.
6.4.Data Sharing: The Organiser may share the Participant's data with third parties involved in the administration of the Competition. The Participant consents to this sharing of personal data upon entering the Competition.
6.5. Data Retention: The Organiser will retain the Participant's data for a period necessary to fulfill the purposes outlined in this Agreement, after which the data will be deleted or anonymized.
6.6. Participants' Rights: The Participant has the right to access their data, request corrections, object to processing, and request deletion of their data in accordance with the Data Protection Act 2018 and GDPR.
6.7. Contact Information: Any queries or concerns about the Participant's data should be directed to the Organiser at michael.bear@michaelhr.com.
7. Intellectual Property Rights
7.1. Ownership of Intellectual Property: Unless otherwise expressly agreed in writing, all intellectual property rights in any submissions made by the Participant as part of the Competition shall remain the property of the Participant.
7.2. Grant of License: It is not expected that the Participant will share any intellectual property with the Organiser to enter the Competition, however for the avoidance of doubt, by entering the Competition, the Participant grants to the Organiser a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and modify the Participant's submission for the purposes of administering the Competition and for any promotional or advertising purposes related to the Competition.
7.3. Participant Warranties: It is not expected that the Participant will share any intellectual property with the Organiser to enter the Competition, however for the avoidance of doubt, The Participant represents and warrants that their submission is their original work, that they have all necessary rights to grant the license set out in clause 8.2, and that their submission does not infringe the intellectual property rights of any third party. The Participant agrees to indemnify the Organiser against any claims, damages, liabilities, costs, and expenses arising out of any breach of this warranty.
7.4.Organiser's Intellectual Property: All intellectual property rights in the Competition materials, including any branding or promotional materials used by the Organiser, remain the property of the Organiser. The Participant is not granted any rights in or to these materials and agrees not to use them without the Organiser's express written permission.
8. Liability and Indemnity
8.1.Limitation of Liability: Except as expressly set out in this Agreement, the Organiser shall not be liable for any indirect, consequential, or punitive damages arising out of or in connection with the Competition, whether based on breach of contract, tort (including negligence), or otherwise, even if the Organiser has been advised of the possibility of such damages. The Organiser's total liability, if any, shall not exceed the value of the Prize.
8.2. Exclusions from Liability: The Organiser shall not be liable for any failure to comply with its obligations under this Agreement where such failure is caused by something outside its reasonable control, including but not limited to technical failures, unauthorized intervention, or force majeure events.
8.3. Indemnity: The Participant agrees to indemnify, defend, and hold harmless the Organiser, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of this Agreement, or any activity related to the Participant's entry into the Competition (including negligent or wrongful conduct).
8.4. Acknowledgement of Risks: The Participant acknowledges and agrees that their participation in the Competition is at their own risk and that, to the extent permitted by law, the Organiser is not liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, which arises out of or is in any way connected with the Participant's entry into the Competition.
8.5. Insurance: The Participant is responsible for obtaining any insurance they believe necessary or advisable to cover any potential liability or risk associated with entering the Competition.
8.6. Compliance with Laws: The Organiser's liability under this Agreement is subject to compliance with all relevant UK laws and regulations.
9. Termination
9.1.Grounds for Termination: The Organiser reserves the right to terminate the Competition at any time if it believes, in its sole discretion, that the Competition cannot be conducted as specified in these Terms due to circumstances beyond its control, including but not limited to instances of fraud, technical difficulties, or any changes in the applicable laws and regulations.
9.2. Notice of Termination: In the event of such termination, the Organiser will notify the Participant as soon as reasonably practicable, using the contact details provided by the Participant at the time of entry. The Organiser will also make a public announcement on its website or through other appropriate channels.
9.3. Consequences of Termination: Upon termination of the Competition, the Organiser will not be obliged to award any Prizes that have not already been awarded at the time of termination.
9.4. Dispute Resolution: Any disputes arising out of or in connection with the termination of the Competition shall be resolved in accordance with the dispute resolution procedure set out in this Agreement.
9.5. Survival of Terms: Notwithstanding the termination of the Competition, the provisions of this Agreement relating to intellectual property, liability, confidentiality, and dispute resolution shall continue in full force and effect.
10. Governing Law and Jurisdiction
10.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
11. Amendments
11.1. Either the Organiser or the Participant (the "Proposing Party") may propose an amendment to this Agreement. Any such proposed amendment must be in writing and delivered to the other party.
11.2. The proposed amendment will only become effective if it is accepted in writing by the other party. The acceptance must be clear and unambiguous, and it must be communicated to the Proposing Party in writing.
11.3. Any amendment to this Agreement will be documented in a written amendment agreement. The amendment agreement will reference this Agreement and clearly state the changes being made. The amendment agreement must be signed by both the Organiser and the Participant to be effective.
11.4. Once signed, the amendment agreement will form part of this Agreement and will have the same legal effect as this Agreement. The amendment will not result in any unfair terms or a breach of this Agreement.
12. Severability
12.1. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
12.2. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
12.3. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
13. Entire Agreement
13.1. This Agreement, including any schedules or annexes attached hereto, constitutes the entire agreement and understanding between the Organiser and the Participant in relation to the subject matter hereof. It supersedes and extinguishes all prior agreements, drafts, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter hereof.
13.2. The Participant acknowledges that in entering into this Agreement, it has not relied on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this Agreement.
13.3. Any variation to this Agreement shall only be valid if it is in writing and signed by or on behalf of each of the parties.
13.4. The Participant acknowledges that it has read and understood the terms of this Agreement and agrees to be bound by them.
14. Force Majeure
14.1.For the purposes of this Agreement, "Force Majeure Event" means an event beyond the reasonable control of the Organiser including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
14.2. The Organiser shall not be liable to the Participant as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.
14.3. If the Force Majeure Event prevents the Organiser from providing any of the Services for more than 2 weeks, the Organiser shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Participant.
14.4. The Organiser shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
14.5. If a Force Majeure Event occurs, the Organiser shall notify the Participant as soon as reasonably practicable of the nature and extent of the Force Majeure Event.
15. Waiver
15.1. No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
15.2. A waiver of any term, provision or condition of this Agreement shall be effective only if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.
15.3. Unless expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
15.4. Any single or partial exercise of any right, power or privilege under this Agreement shall not preclude any other or further exercise of that or any other right, power or privilege.
16. Notices
16.1. All notices under this Agreement shall be in writing and signed by or on behalf of the party giving it.
16.2. Any notice or other communication given under or in connection with this Agreement shall be:
(a) emailed to the email address, provided by the other party; and
(b) marked for the attention of the relevant party.
16.3. Any notice or communication shall be deemed to have been received at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
16.4. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
16.5. For the purposes of this clause, "writing" shall not include email, and for the avoidance of doubt notice given under this Agreement shall not be validly served if sent by email.
17. Signatories
This Agreement is entered into and shall be considered signed by both parties upon entry into the Competition through redemption of the offered promotional code to obtain a free copy of the eBook "A Practical Guide to: UK Employment Law".
Version 1.00
Created: 1st June 2024.