TERMS & CONDITIONS

Christmas prize draw “WIN flights to London for 2”

About the prize draw:

1. The promoter of this prize draw is Marks and Spencer plc, registered in England and Wales (company registration number 214436) whose registered office is at Waterside House, 35 North Wharf Road, London, W2 1NW. Our registered VAT number is 232 128892. We respect your right to privacy and will only process personal data you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws. For more information see the Marks & Spencer Privacy Policy on our website marksandspencer.com.au.

2. By entering the prize draw you agree to the below terms and conditions, to be bound by the decisions of M&S and to receive email notifications from M&S in relation to the prize draw.

Entering the prize draw

3. This prize draw is open only to permanent residents of Australia who are aged 18 or over. Employees (or their relatives) of the Marks and Spencer Group of Companies (or any other company and/or agency connected with this promotion) are not permitted to enter.

4. Only one entry per household. No entries on behalf of third parties.

5. The prize draw starts on 16th November 2016 at 10:00 GMT and ends on 16th December 2016 at 23:59 GMT.

The prize

6. The prize consists of: 2 return flights (travel class: economy) from a major airport in Australia to London. Local Bank holiday weekends and bank holidays, and rugby weekend are excluded from the trip. The total costs of the services is not allowed to exceed the total amount of $8000.

7. The prize does not include meals, transfers or any other additional expenses other than those described above.

8. Both the winner and guest must be aged 18 or over.

9. The winner must accept the prize in its entirety.

10. The dates of the trip shall be discussed with the winner once the winner is contacted to inform them that they have received the prize. The winner will be asked to confirm their acceptance of the prize and asked to provide suitable dates on which they can take the trip.

11. If the trip is not taken or is cancelled by the winner, then no part of the prize shall be given and if already given must be returned to M&S.

12. This prize must be redeemed and the trip taken earliest after the announcement of the winner and before 30th of August 2017.

13. The dates of travel cannot be altered once chosen and the reservation made.

Transport

14. The winner and guest must arrange and pay for their own transport to and from the airports.

15. M&S will not be responsible for the winner and/or guest missing their transportation to or from any airports. Any replacement travel tickets for the journey be purchased by the winner and guest at their own cost and such cost will not be reimbursed to them by M&S.

16. The winner and guest must pay for their own travel insurance and holiday cover.

Choosing the winner

17. M&S will draw one winner at random on no later than 19th December 2016 and the draw will be supervised by an independent person. The prize will be awarded to the first correctly completed entry, drawn at random.

18. The winner will be emailed on or after the 19th of December 2016. The email will include details of how the prize can be accepted. If the winner does not confirm acceptance of the prize within 14 days from the reception of the email, a random draw will take place from valid entries and another winner will be selected.

General

19. The prize is non-transferable, non-refundable and subject to availability. There is no cash alternative.

20. No purchase is necessary in order to enter the prize draw.

21. M&S’ decision is final and binding and no correspondence will be entered into regarding the outcome of the draw.

22. No responsibility will be taken for late, lost, indecipherable or misdirected entries or for any failure of communication resulting from incorrectly supplied information.

23. M&S reserves the right to check the validity of any entry and the identity of any entrant or winner and to refuse entry or refuse giving the prize if M&S reasonably considers the entry and/or winner to be in breach of the terms and conditions.

24. Prize details are correct at date of publication. M&S reserves the right to substitute any element of the prize with a prize of a similar nature and/or value should any original element of the prize become unavailable for any reason.

25. M&S reserves the right at any time in its sole discretion to cancel, modify or supersede the prize draw if it believes, in its sole discretion, that the prize draw is not capable or is likely not to be capable of being conducted fairly or as specified within these terms and conditions due to events beyond its control (including, without limitation, a virus, a computer bug or unauthorised human intervention or any other cause beyond the reasonable control of M&S that could corrupt or affect the administration, security, impartiality or normal course of the prize draw).

26. The winner and guest may be required, subject to their consent, to take part in reasonable post-prize draw publicity for M&S which may include filming, photography or other recordings required by M&S or other third parties for publicity purposes and the winner [and guest] agree[s] to the use of their personal data for such purposes (facebook, twitter).

27. The entrant and guest shall exclusively assign all copyright and intellectual property developed during this prize draw to Marks and Spencer (Ltd) Ireland.

28. Nothing in these terms and conditions shall limit in any way M&S’ liability for death or personal injury caused by its negligence. Subject to that, M&S shall have no liability for any delay and/or failure to perform any obligation to the Winner and/or their guests or other entrant that is caused by: (a) technical problems of any kind which may limit or prevent any person’s participation in the prize draw; (b) any loss or damage arising from or in connection with the allocation of the prize; (c) any act or omission of any third party; or (d) any other events beyond M&S’ control that may cause the [competition/prize draw] to be disrupted or corrupted or may lead to loss of the prize.

29. If any of these terms and conditions is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.

30. The promotion shall be governed by the laws of the UK.

© 2016 Marks and Spencer plc