These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry and claim instructions are deemed to form part of the Terms and Conditions and by entering this promotion, all participants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.

The Promoter takes data protection seriously. By participating in this promotion, you confirm that you have read the Privacy Policy and agree to these Terms and Conditions of the promotion. By submitting any information required as part of their participation into the promotion, participants agree to their information being held and processed in accordance with the General Data Protection Regulation (GDPR) and Data Protection Act 2018.

Promoter: Registered Office: Nestlé UK Ltd, Nestlé Confectionery (UK), York, YO19 1XY.
PLEASE DO NOT SEND ENTRIES TO THIS ADDRESS.

Eligibility

  1. This promotion is only open to residents of the United Kingdom (England, Scotland, Wales and Northern Ireland) aged 18+ who are users of UK sites communicating the 'A CHANCE TO WIN A BREAK AND SWITCH OFF' promotion.
  2. This promotion excludes employees and the immediate families of participating sites, Nestlé UK Ltd ("the Promoter"), its affiliated companies, agents or anyone else professionally connected to the promotion.
  3. Mobile phone access required. Entrants must have a mobile phone able to send and receive messages to/from 5-digit short codes. Users on virtual mobile networks may not be able to text the short code. Please check with your network provider.
  4. Purchase necessary.
  5. Maximum of 1 entry per person during the whole promotional period. Anyone entering, or to be found entering more than once using multiple handsets, multiple identities, computerised or automated system will be disqualified from the promotion.
  6. All winners must have a valid UK home address to claim their prize.
  7. Conduct of entry: The Promoter reserves the right at its sole discretion to disqualify any entrant found to be tampering with the text entry process or the operation of the promotion; 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.
  8. Anyone trying to circumvent the rules stated in these Terms & Conditions by using alternative details will be disqualified from this promotion.
  9. Entries (bulk or otherwise) made from trade, consumer groups, agents, third parties or syndicates will not be accepted. If it becomes apparent that a participant is using a computer(s) to circumvent this condition by, for example, the use of programmes, applications, scripts, alias accounts brute force or any other automated means, that person's entries will be disqualified, and any prize awarded will be void.

Promotional Period

  1. This promotion opens at 00:00 on Monday 2nd October 2023 and closes at 23:59 on Friday 29th December 2023.
  2. There is one prize draw for all the prizes to be conducted at the end of the full promotional period taking place within 1 week of the promotional end date.
  3. Any entries received outside of the promotional period will not be included in the prize draw.

Entry Requirements

  1. To enter prize draw, participants must:
    1. Purchase any participating KitKat® product from a UK site communicating the KITKAT 'A CHANCE TO WIN A BREAK AND SWITCH OFF' promotion (KITKAT 4 Finger Milk 41.5g, KITKAT 4 Finger Caramel 41.5g, KITKAT 4 Finger Dark 41.5g, KITKAT 4 Finger Vegan 41.5g, KITKAT Chunky Duo 64g, KITKAT Chunky Hazelnut 42g, KITKAT Chunky Milk 40g, KITKAT Chunky Peanut Butter 42g). Product subject to availability and whilst stocks last. Product range may be different across the customer groups.
    2. Text the word 'BREAK' and the last 4 digits of the pack barcode to 80800 during the promotional period. All texts are free of charge.
    3. Participants will receive an automatic text back, to confirm entry into the prize draw. Retain confirmation of the entry bounce back text message.
    4. 244 x winners will be drawn at random, via an independently verified computer process, from all valid entries. Only winners will be contacted after the prize draw to confirm the details of their prize win.
  2. Entrants are advised to take care when typing and entering the text code and entry details. The Promoter is not responsible for typographical errors and incorrect texts which may be charged. Only a correct entry that has followed the instructions and guidelines will be accepted. Capital letters or lower-case letters will both be accepted. For the avoidance of doubt, spelling mistakes will be disqualified. Attempted additional entries will not be included in the prize draw. Persistent abuse will result in immediate disqualification without notification.
  3. The text messages are free of charge. Any errors could be charged at the relevant network provider's standard rate and may not be included within a pre-paid text package (as fees vary by network provider). Please double check with the billpayer before entering the Promotion. Any entry received after the closing date will not be entered but may still be charged.
  4. The Promoter and their agents reserve the right, but not the obligation, to monitor and review all entries and content submitted, and to remove or refuse to take forward as an entry, any content submitted that the Promoter does not deem in its sole discretion to be appropriate, contains distasteful or offensive content or which the Promoter deems to violate any of these Terms and Conditions. The Promoter reserves the right to report any content violations to the appropriate authorities.
  5. All entries are therefore subject to verification and interrogation. Please retain the entry confirmation text as it may be required. Entry information may not be sold or exchanged. Other manufacturer's information, references or printing errors do not constitute entry information. In the event of suspicious activity, the Promoter reserves the right to request further evidence to confirm the legitimacy of the entry.
  6. Entrants who do not give correct details or those who make an entry on someone else's behalf will be disqualified, at the Promoter's discretion.
  7. Incomplete, illegible, invalid or misdirected entries will not be accepted. Proof of sending will not be accepted as proof of delivery. The Promoter takes no responsibility for entries delayed, incomplete or lost due to technical reasons or otherwise.
  8. Text messages sent from the Promoter will be at the Promoter's cost.

Prize Details

  1. There are a total of 244 prizes to be won, with the breakdown as follows:
    1. 2 x pairs of concert tickets
      For the winner and one guest.
    2. 2 x digital detox cabin stay breaks for two people.
      For the winner and one guest.
    3. 10 x pairs of outdoor cinema tickets
      For the winner and one guest.
    4. 10 x treetop adventure tickets.
      For the winner and two guests.
    5. 10 x escape room tickets.
      For the winner and two guests.
    6. 10 x board game bundles.
    7. 10 x Lego building kits.
    8. 20 x pairs of comedy club tickets
      For the winner and one guest.
    9. 20 x bowling tickets for 4 people.
      For the winner and three guests.
    10. 30 x pairs of cinema tickets.
      For the winner and one guest.
    11. 30 x exercise class vouchers for one person.
    12. 40 x book vouchers.
    13. 50 x coffee shop vouchers.
    Winners and reserves will be drawn in order of the prize types above (i.e., concert tickets will be drawn first, through the list, until the 50x coffee vouchers). i. Each experience is subject to the terms and conditions of the venue and supplier chosen based on the winner's location. Some venues and suppliers may require guests to be over 18, winners will be advised of this at the time of booking.
  2. The prizes indicated below will be fulfilled via redemption with an independent prize fulfilment company. Bookings must be made through Cloud Nine Incentives Ltd, The Station, 7 High Street, Olney, MK46 4EB (ABTA number: L9097), see privacy policy here: https://www.uponcloudnine.co.uk/privacy.html. The booking team will liaise with the winners directly, initially via text, to confirm, dates, venues, and timings and will book on behalf of the winners. All documentation will then be provided directly.
    1. Concert tickets.
    2. Digital detox cabin stay breaks.
    3. Outdoor cinema tickets.
    4. Treetop adventure tickets.
    5. Escape room tickets.
    6. Comedy club tickets.
    7. Bowling tickets.
    8. Cinema tickets.
    9. Exercise class.
  3. Experience Prizes are valid until 22nd December 2024 however all dates are subject to availability. The winners should notify the Promoter at least six weeks in advance of their preferred dates for confirming their prize. Venues will be selected based on the winner's location, some may have seasonal hours and dates, winners will be advised of this at the time of booking.
  4. The prizes indicated below will be fulfilled via a voucher provided by an independent prize fulfilment company. The fulfilment company will provide the winners with a monetary voucher. This will be provided via email directly (after receiving the correct email address of these prize winners) with instructions on how to redeem.
    1. £20 book vouchers.
      National Book tokens and are available to be spent in major book retailers. Valid for 12 months from issue.
      For T&Cs, see: https://www.nationalbooktokens.com/giftcardtandcs/nbtissuedgiftcardtandcs.
    2. £15 coffee shop vouchers.
      Valid for 12 months from issue. Available to use in a variety of Costa coffee shops. Voucher will be purchased based on the winner's location.
      For UK residents, see T&Cs: https://gifting.costa.co.uk/terms-and-conditions.
      For Norther Ireland residents, see T&Cs: https://www.costaireland.ie/gift-card-terms-of-use.
  5. The following prizes will be organised by an independent prize fulfilment company. The company will pack and send all prizes via a tracked courier service directly to the winner's home address, as confirmed upon verification of details (see clause 31a for details on the required information).
    1. Boardgames bundle.
      Includes; Articulate for Kids, The Logo Game, Frustration, Monopoly.
    2. Lego building kit.
  6. All prizes are non-transferrable, non-negotiable, and non-refundable. Unless otherwise agreed in writing by the Promoter, the prizes will only be awarded directly to the winners. No cash or other alternative prizes will be provided in whole or in part, except that in the event of circumstances outside of its control the Promoter reserves the right to substitute a similar prize or part of a prize of equal or greater value. There is no cash alternative or refund for unused portions of the prize.
  7. Please allow up to 28 days for delivery of physical and digital prizes from valid acceptance and the completion of any verification process.
  8. All experiences must be completed within the time-frame stated within Clause 23. Extensions to the validity of the prize will not be allowed unless first authorised by the Promoter.
  9. For the avoidance of doubt, the prize does not include travel to and from home, to any chosen venue, gratuities, meals or other travel expenses unless otherwise stated, or any other costs of a personal nature not stated for winner and guest. All travel arrangements offered are at the discretion of Cloud Nine and the promoter. Any requests relating to hotels or venues cannot be guaranteed.

Winner Selection & Notification

  1. All valid entries received during the promotional period will be entered into the one total prize draw.
  2. The winners and a number of reserves will be drawn via an independently audited and verified computer process from all genuine, valid entries.
    1. Each winner will be notified via text within 5 working days of the draw taking place, giving instructions for the next steps of the claims process. Winners will have 14 days to claim their prize from first contact. The Promoter will request potential winners to provide the Promoter via a secure link, information including: their name, confirmation of their mobile number, proof of age, email address, and their home address to assist with verification and fulfilment of their prize, and to announce the winners of the concert tickets and digital detox cabin stay break as a winner (if no objections arise). Inaccurate information may result in the prize being forfeited.
  3. Please retain any winning communication details until any prize has been verified.
  4. The Promoter will make reasonable efforts to contact the winners (3 attempts), however, if a winner has not responded to notifications within 14 days of initial contact attempt, or if a selected winner is ineligible, rejects their prize or is otherwise in breach of these Terms and Conditions, or unable to take up the prize for any other reason, the Promoter reserves the right to withdraw the prize, re-allocate the prize and select the reserve next in line, as detailed as a reserve from the original prize draw. These reserve(s) (2) will be contacted in the same process. If a winner has not responded to any communication and the prize has not been awarded and after reasonable attempts to contact them (2 reserves), then the prize has therefore not been successfully claimed, and will be null and void. Entrants are encouraged to monitor their connections during this time in case they are a winner.

Prize Fulfilment

  1. Once winners have been verified and required details have been supplied, all prizes will be fulfilled by the delivery method indicated for each prize type. Please allow for up to 28 days for the prizes to be delivered from valid claim and the completion of any verification process.
  2. It is the responsibility of the winners to supply the correct personal information to claim their prize when requested to ensure there are no issues with delivery including confirming mobile contact number, supplying correct email address or providing correct delivery address. The Promoter will not be held liable for non-delivery of a prize due to the provision of incorrect information.
  3. For any assistance needed with claiming your prize, please contact Nestlé Consumer Services either by email at consumer.services@UK.nestle.com or by telephone on Freephone 0800 6378 5385.

General

  1. The Promoter shall have sole and final determination as to which entries are genuine and therefore eligible to take part in this promotion. The Promoter's decision is final and binding with regard to all promotional matters.
  2. The Promoter is not responsible for the acts or default of third-party suppliers, but will endeavour to resolve any issues that may arise.
  3. Any tax liability arising from receipt of a prize will be the responsibility of the recipient.
  4. Limitations of liability: Neither the Promoter, its agents or anyone professionally connected to the promotion, assume any responsibility or liability for:
    1. Any faulty, incorrect, erroneous or failed electronic data transmissions;
    2. Any unauthorised access to entry details at any point in the operation of this promotion.
    3. Communications line failure, regardless of cause, with regards to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this promotion;
    4. Inaccessibility or unavailability of mobile signal, the internet or any combination thereof. The Promoter cannot guarantee continuous, uninterrupted access to the text system.
  5. If, for any reason, any aspect of this promotion is not capable of running as planned, including by reason of infection by system virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, modify or suspend the promotion or invalidate any affected entries. If an act, omission, event or circumstance occurs 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 obligation but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.
  6. The Promoter reserves the right to verify all entries including but not limited to asking for proof of age, address and identity details (passport, driving licence or equivalent) which they must provide within 7 calendar days and to refuse to award a prize or withdraw prize entitlement, and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these Terms and Conditions, the spirit of the promotion or any instructions forming part of this promotion's entry requirements or otherwise, where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means.
  7. By taking part in the promotion, the prize winners agree that the Promoter may contact them to ask for their consent as to whether they want to participate in reasonable marketing activities and publicity relating to the promotion. Winners are not obliged to agree to any requests.
  8. Subject to the Promoter's Privacy Policy, the concert ticket and digital detox cabin stay break winners' surnames and counties of residence will be available by sending an email request to consumer.services@UK.nestle.com with 'WINNERS LIST: KitKat® A CHANCE TO WIN A BREAK AND SWITCH OFF in the subject line, for a period of 3 months following the end of the promotion period. When contacting this email address, your request will be actioned in line with Nestlé's Privacy Policy and the Promoter reserves the right to refuse any or all such requests. If any winner objects to their information being published, then they can contact the Promoter by emailing UKI.Dataprotection@uk.nestle.com with the subject line 'KitKat® A CHANCE TO WIN A BREAK AND SWITCH OFF. The Promoter nevertheless will disclose the information to the Advertising Standards Authority if required to do so.
  9. The Promoter and its 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 (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.
  10. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
  11. The Promotion and these Terms and Conditions will be governed by the laws of the participating country but any disputes as to the meaning of these terms will be subject to the exclusive jurisdiction of the participant's local courts.

Data Protection

  1. The Promoter will only use the personal details supplied for the administration of the promotion and the auditing of the entries, where necessary and for no other purpose, unless we have your consent / you have opted-in to receive future marketing communications. The surnames and counties of residence of verified winners will be made available as set out in Clause 44 above and winners can object to this by emailing UKI.Dataprotection@uk.nestle.com. Otherwise, your personal details will at all times be kept confidential and in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 as applicable. Click here for the Promoter's Privacy Policy. You can request access to your personal data, have an inaccuracy rectified or request deletion of personal data by sending an email to UKI.Dataprotection@uk.nestle.com. By participating in the promotion, you agree to the use of your personal data as described here. You can withdraw your consent at any time. For the purpose of this promotion, request to delete personal data can only be actioned after the promotion has concluded and the winners have accepted their prizes. Any data obtained via this promotion will be deleted after 3 months of the promotional end date with the exception of the winners and reserves whose data will be deleted after fulfilment of the prize.