KIT KAT “WIN GIG TICKETS” 2010 FULL TERMS AND CONDITIONS

The Promoter, Nestlé UK Ltd, is referred to in the following information as Nestlé

WIN GIG TICKETS
1000'S TO BE WON
Final Closing date 30.06.11 

For your chance to win a £100 Ticketmaster Gift Code, simply visit www.kitkat.co.uk/musicbreak to register your details and enter the code from special promotional packs or text the code to 07537 40 12 57

Full Terms & Conditions

1. The Promotion is open to UK, IoM and CI residents aged 16 and over only except employees and their immediate families of Nestlé UK Ltd, its agents or anyone professionally connected to the promotion. Not open to Republic of Ireland residents.
2. Closing date for final entry of codes is midnight on 30.06.11.
3. To enter without purchase in Northern Ireland only, send your name and address to: "Nestlé KIT KAT Music Break Promotion, NPN, PO Box 122, Uckfield, East Sussex TN22 5UU" to receive a valid code. Only one entry per stamped mailed envelope. Bulk entries or entries sent through trade, consumer groups, agents or third parties will not be accepted. 
4. There are 2,000 prizes of £100 Ticketmaster Gift Codes to be won. Prizes have been randomly allocated across the promotional period by an independent auditor. There is no cash or other alternative prize available. Winners will be notified immediately via email or mobile phone, depending on their method of entry. Prizes are non-transferable.
5. No other costs, such as travel or accommodation, will be covered by the Promoter. Tickets advertised on the Ticketmaster website are subject to availability.
6. Codes won before 1st February 2011 will expire on 31st July 2011. Codes won on or after 1st February 2011 will expire on 31st January 2012. Full Ticketmaster Gift Code Terms can be found below (see clause 21).
7. Winning claims are subject to a full verification process and you should retain your wrapper until you have received confirmation of whether you are a winner as winning wrappers may be required to claim the prize.
8. Valid KIT KAT codes for use in this Promotion are only available on special promotional packs of KIT KAT 4 finger, KIT KAT Chunky and KIT KAT Chunky Caramel, featuring the special Win Gig Tickets flash, whilst stocks last.
9. Codes are case sensitive and must be entered online at www.kitkat.co.uk/musicbreak or via a text message to 07537 40 12 57 exactly as they appear in the pack. Each code is unique and can only be used once. One person cannot win more than one prize.
10. Entries via text message will be charged at the entrants' standard operator/network tariff and may not be included in any text-inclusive package.
11. Proof of texting or sending is not proof of receipt of entry. Responsibility cannot be accepted for entries lost or delayed, nor for any associated costs to claimants.
12. When you register for the Promotion online at www.kitkat.co.uk/musicbreak, you will be asked to provide a valid email address and/or mobile phone number and should be contactable at this same email address and/or mobile phone number. Only one registration per person.
13. In the event of a participants' mobile number changing or the mobile phone being lost, stolen or damaged, or an email address becoming inaccessible during the Promotion, the Promoter is not able to retrieve and amend any existing entries to a new mobile number or email address.
14. Limitations of liability. The Promoter cannot assume any responsibility or liability for:
a.Any incorrect or inaccurate code entry, or for any faulty or failed electronic data transmissions.
b.Any unauthorized access to, or theft, destruction or alteration of codes at any point in the operation of this Promotion.
c.Communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of this promotion.
d.Inaccessibility or unavailability of the internet or the website or any combination thereof.
e.Any injury or damage to participants upon delivery and/or use of their prize.
f.Regretfully, we cannot be held liable for system failures on the website or at any of our promotional third party partners. Neither can we be held responsible for the failure to fulfill the obligations of any third parties involved in this Promotion, although we will always endeavor to minimize the effect to the participant of any such failure.
15. Conduct of participation. Entry implies acceptance of these Terms and Conditions as final and binding. Entries which are not in accordance with theses Terms and Conditions will be disqualified. The Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the code redemption process or the operation of the Promotion or website, or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive. If such activity is suspected the Promoter will delete the offending accounts and compensation or prosecution will be sought through the law.
16. By entering the Promotion, prize winners acknowledge that they may be required to participate in publicity relating to the Promotion without further consent or payment. Such publicity may include, without limitation, the participants name and/or image, statements made by the participants concerning the promotion and/or prizes and photographs or moving images of the participants or their guests taken as part of the competition.
17. Any material created as part of the above Promotion shall be owned by the Promoter or the Promoter shall have the rights to use such material. Prize winners agree for the Promoter to edit, publish and use in perpetuity throughout the world all or segments of any such material in any and all media (including print and online) for publicity and news purposes.
18. The Promoter's decision is final and binding in all matters and no correspondence will be entered into.
19. The Promoter cannot assume any responsibility for codes damaged or defaced in the way the wrapper is opened. If you cannot read your code due to a genuine printing error, please return the wrapper to the Promoter at "Nestlé KIT KAT Music Break Promotion, PO Box 122, Uckfield, East Sussex TN22 5UU". Please include your name, email and full address details and a replacement code will be sent to you.
20. Winners' names and counties available via the official KIT KAT website at www.kitkat.co.uk/musicbreak for a minimum period of 3 months after the closing date.
21. Ticketmaster Gift Card Code Terms
THESE TERMS AND CONDITIONS FORM YOUR AGREEMENT IN RELATION TO YOUR  TICKETMASTER GIFT CODE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE YOUR TICKETMASTER GIFT CODE. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH, PLEASE CONTACT TICKETMASTER CUSTOMER SERVICES USING THE CONTACT DETAILS AT PARAGRAPH 'M' OF THIS AGREEMENT. BY USING THE TICKETMASTER GIFT CODE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Definitions
'Account' - The electronic account associated with your Ticketmaster Gift Code .
'Agreement' - This cardholder agreement as varied from time to time.
'Available Balance' - Value of funds loaded onto your Code and available for use.
'Ticketmaster Gift Card - Any Ticketmaster Gift Card Code issued to you under this Agreement. Represented for the purposes of this Promotion by a TM Gift Code instead of a physical card. Each TM Gift Card is assigned a redemption code which the Winners will input in to the activation page on the TM Site.
'Ticketmaster Gift Code holder  - You, the person entering into this Agreement with us.
'Ticketmaster Customer Services' - The Ticketmaster contact centre for dealing with queries and requests for services in relation to your Ticketmaster Gift Code. Contact details for Customer Services can be found at paragraph M below.
'Transaction' - A retail sale completed by you using your Ticketmaster Gift Code.
'we', 'us' or 'our' Ticketmaster UK Limited (Company number 02662632) whose registered office is 48 Leicester Square, London WC2H 7LR.
'you', 'your' - The Ticketmaster Gift Code holder

A. Scope of this Agreement
i) Your Ticketmaster Gift Code is worth £100. These terms and conditions are written and available only in English and we undertake to communicate with you in English regarding any aspect of your Ticketmaster Gift Code or Account.

B. Use of  Ticketmaster Gift Code
i) Your Ticketmaster Gift Code can be redeemed in full or in part to purchase tickets to participating events and other qualifying items through Ticketmaster by telephone on 0844 847 1640, online at www.Ticketmaster.co.uk (when available) by entering your  Ticketmaster  Gift Code and security pin, (subject to Ticketmaster's Purchase Policy which is available on www.ticketmaster.co.uk/legal and by telephoning 0844 844 0444). Your Ticketmaster Gift Code cannot be redeemed to purchase tickets for events taking place outside of the United Kingdom or to purchase tickets that are available for sale in a currency other than GBP Pounds Sterling.
ii) Your Code cannot be exchanged for cash.
iii) Your Available Balance will be reduced by the full amount of each Transaction and authorisation, plus value added tax and any other taxes that are applicable (the "Full Deductible Amount"). The Full Deductible Amount must be less than or equal to the Available Balance on your Code. You must not use your Ticketmaster Gift Code if the Full Deductible Amount exceeds the Available Balance or after the expiry date of the Ticketmaster Gift Code. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on Your Ticketmaster Gift Code, you must repay Ticketmaster the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of a letter from us requesting payment.
iv) You can check your Available Balance by calling 0844 847 1640, or by visiting www.ticketmaster.co.uk/giftcards. This service is free of charge but call charges are applicable at network rates.
v) The Available Balance on your Account will not earn any interest..

C. Code Expiry
i) Codes won before 1st February 2011 will expire on 31st July 2011. Codes won on or after 1st February 2011 will expire on 31st January 2012.
ii) No Transactions will be processed once your Code has expired.

D. Refunds
Refunds on Codes will not be given. Any balances remaining when Codes expire will be cleared and will not be refunded to winners.

E. Ticketmaster Gift Code Liability and Authorisations
i) Ticketmaster may restrict or refuse to authorise any use of your Code if using the Code is causing or could cause a breach of this Agreement or if there are reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Code.
ii) If Ticketmaster need to investigate a Transaction regarding your Code then you must cooperate with the police or any other authorised body if this is required.
iii) You should never:
iii a) record your PIN in writing
iii b) disclose your PIN to or otherwise make it available to any other person, whether verbally or by entering it in a way that allows it to be observed by others or otherwise
iv) You agree to indemnify and hold harmless Ticketmaster and our distributors, partners, agents, sponsors, and service providers and their group companies for and against the costs of any legal action taken to enforce these terms and conditions and / or any break of these terms and conditions or fraudulent use of your Code or PIN by or authorised by you.
v) Lost / Stolen Gift Codes, In the event of lost Codes i.e. loss of winning email notification winners can still access Codes and PINs via their KIT KAT member account.

F. Disputes
i) If you have a good reason to believe that any of the Transactions for which your Ticketmaster Gift Code was used are unauthorised, or if you have a good reason to believe a Transaction has been posted to your Account in error, you may ask Ticketmaster to investigate the Transaction by contacting Customer Services within 28 days of the date of the relevant Transaction.
ii) It is important that you have taken the precautions set out in these terms and conditions in particular keeping your Code and PIN safe. Ticketmaster reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
iii) If the disputed Transaction is investigated and found to be incorrect the value of the Transaction will be refunded to your Account. Until our investigation is complete the disputed amount will be unavailable to spend. It may later be deducted from your Account if we receive information that proves that the Transaction was genuine.

G. Variation
i) Ticketmaster may change the terms and conditions of this Agreement, including charges, fees and limits, at any time by posting an amended version on the website at www.kitkat.co.uk/musicbreak for one or more of the following reasons:
ii) to reflect the introduction or development of new systems, methods of operation, services or facilities;
ii a) to reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers;
ii b) to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Financial Services Authority or other regulatory body;
ii c) to ensure that our business is run prudently and remains competitive;
ii d) to take account of a ruling by a court, ombudsman, regulator or similar body;
ii e) to make the terms and conditions fairer or clearer for you;
ii f) to rectify any mistake that might be discovered in due course; or
ii g) by agreement with you; or
ii h) to enable us to harmonise our banking interest or charging arrangements

H. Termination or Suspension
i) Ticketmaster can terminate this Agreement at any time:
i a) if we give you 30 days' notice and refund the Available Balance to you; or
i b) with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Ticketmaster Gift Code in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your Transactions due to the actions of third parties.
ii) Ticketmaster can suspend your Ticketmaster Gift Code at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
ii a) Transaction has been declined because of a lack of Available Balance; or
ii b) you have breached this Agreement or we have reason to believe that you have used, or intend to use, the Ticketmaster Gift Code in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties.
iii) In the event that any additional fees and/or charges are found to have been incurred on your Ticketmaster Gift Code following termination by either you or Ticketmaster, you shall refund to Ticketmaster any sum which relates to a withdrawal or fees and/or charges validly applied whether before or after termination. Ticketmaster shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.

I. Ticketmaster's Liability
i) Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
i a) We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at Merchants and failure of data processing systems;
i b)  We shall not be liable for any loss of profits, loss of business, loss of data or any indirect, consequential, special or punitive losses;
i c) where the Ticketmaster Gift Code is faulty due to our default, our liability shall be limited to replacement of the Ticketmaster Gift Code, or (at our choice) refund of the Available Balance;
i d) where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount; and
i e) in all other circumstances of our default, our liability will be limited to refund of the Available Balance.
ii) Nothing in this Agreement shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
iii) To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
iv) The above exclusions and limitations set out in this paragraph 12 shall apply to any liability of our affiliated companies or suppliers, contractors, agents or distributors and any of their respective affiliated companies (if any), to you, which may arise in connection with this Agreement.

J Your Information
i) You may provide Ticketmaster with personal data from time to time in connection with your Ticketmaster Gift Code. Some personal data will be necessary for Ticketmaster to provide services under this Agreement. You must notify Ticketmaster immediately of any change of name and address or other personal details in writing by visiting www.ticketmaster.co.uk/help or by using the contact details set out in paragraph M for these purposes.
ii) Ticketmaster and our affiliated companies are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act 1998 and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these terms and conditions and/ or our Privacy Policy when you book tickets, your personal information will not be passed to anyone without your permission.
iii) You have a right to inspect the personal data Ticketmaster hold about you however we will ask you to pay an inspection fee of an amount up to £10.00 to cover our costs. For further information please contact Customer Services using the contact details at paragraph M of these terms and conditions.

K. Ticketmaster Complaints Procedure
i) Complaints regarding any element of the service provided by Ticketmaster should be sent in writing or by email to Ticketmaster Customer Services using the details set out in paragraph M of this Agreement.

L. General
i)Any delay or failure to exercise any right or remedy under this Agreement by Ticketmaster shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
ii) If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
iii) No third party who is not a party to this Agreement has a right to enforce any of the provisions of these terms and conditions.
iv) This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.

M. Contacting Ticketmaster Customer Services
If you need assistance, you can contact Ticketmaster Customer Services by telephoning 0844 499 9999 between the hours of 9.00 am and 5.00pm on Monday to Friday, or by writing to Customer Services at PO Box 798, Manchester, M60 1WY, or by e-mailing via the website at www.ticketmaster.co.uk/help. A Lost and Stolen service is also available 24 hours on the Customer Services telephone number.

Promoter: Nestlé UK Ltd, Nestlé Confectionery (UK) York, YO91 1XY