Nude Sample Promotion Terms and Conditions

Durex Instagram Promotion Terms and Conditions (the "Promotion")

1. The Promotion is open to all residents of the United Kingdom aged 18 or over.

2. Employees of the Promoter and its affiliate companies, their families and anyone deemed to be professionally involved with or connected to the Promotion are not permitted to enter the Promotion.

3. No purchase necessary. Internet access and an Instagram account are required to enter.

4. To enter the Promotion, see the promotion being called out on Instagram between 00:00 on 14 September 2023 and 23:59 on 21 September 2023, like and comment on the promotional post and follow @Durex on Instagram.

5 .In doing this, you will be entered into the Promotion and be in with a chance to:

(a) Win 1 of 50 Durex Nude Condom Hampers (“the hamper”), and thereafter,

(b) Be given the opportunity to trial and then review the products in exchange for a £100 bank transfer payment (“the cash prize”).

6. Each Durex Nude Condom Hamper will contain:

  • 3 x Durex 12 Pack Nude Condoms
  • 1 x Durex 100ml lubricant
  • 1 x Durex Measurement Tool
  • Informational pack and QR code to enter review

7. To enable the cash prize, you will just need to give a review with a minimum word count of 50. The review of the products and its contents will hold no bearing on the fulfilment of the cash prize. For avoidance of doubt, the review can be positive, negative or neutral and still be a valid claim for the cash prize.

8. Entrants are asked to refrain from sharing these promotional entry details with anyone under the legal purchasing age of 18 years old.

9. The draw opens for entries at 00:00 on 14 September 2023 and closes at 23:59 on 21 September 2023. Entries received outside of these times will be void and will not be entered into the Promotion. 50 winners will be drawn at random, as well as 20 reserves. The winners will be contacted on 22 September 2023.

10. Entrants must have been following Durex for at least one (1) week following the closing date of the promotion outlined in paragraph 9 to be considered a valid entry to the prize draw as either a winner or reserve.

11. There will be 50 winners. The winners will be drawn at random by an independent third party from all entries correctly submitted in accordance with these terms and conditions during the prize draw period and notified via Instagram DM by the date specified above with a claim form. 20 reserves will be drawn at the same time as the winners. The winners will be notified via Instagram, by the official Durex account (@Durex). If a winner does not fulfil the claim link as a response to their notification via Instagram DM to accept their prize within three (3) days from receipt of their winning message, including providing their full name, size, date of birth, postal address and UK bank details they will forfeit their prize and an alternative winner from the reserve will be contacted by the same process, as set out above. Winners that do not fulfil the requirements set out in these terms and conditions will be disqualified. Please be aware that the direct message may have gone into your message request folder. It is the responsibility of the entrant to ensure they check their message request folder.

12. The prizes will be awarded to the authorised account holders of the Instagram handle. The authorised account holder is the natural person assigned to the Instagram handle.

13. Each winner will receive a Durex Nude Condom Hamper within 15 days of the receipt of a valid claim. Upon receipt of the hamper, winners have a period of 2 weeks to leave a review of the products at durex.co.uk/pages/nude-reviews. Upon receipt of a review, the Promoter’s agency Umbrella Risk Management Limited will fulfil the £100 cash prize directly into the bank account of valid winners. Reviewers must include their IG handle within their review to be validated as a claim for the cash prize.

14. The hamper is non-transferable and there is no cash alternative. The Promoter reserves the right to substitute this prize with a prize of equal or greater value.

15. The Promotion and the Promoter's Instagram pages are not sponsored, endorsed or administered by, or associated with Instagram. By entering into the Promotion, entrants release Instagram from all and any claims and liabilities which might arise in relation to the Promotion. You understand that you are providing your information to the Promoter and not to Instagram.

(c) The Promoter will use your personal information only in accordance with these terms and conditions and its privacy policy which can be found at https://www.durex.co.uk/pages/privacy-policy. The Promoter will only use your personal information for the purpose of carrying out the Promotion, unless you have opted in to marketing communications. Where the Promoter is not responsible for the fulfilment of or delivery of the prize, the Promoter shall share your personal information with a third-party supplier who is responsible for the fulfilment of and delivery of the prize.

16. The hamper will be dispatched by the Promoter’s handling house to the postal address provided by the winner within 15 days of claim. The hamper will be delivered by courier and someone aged 18 or over will need to sign for and receive the package.

17. Without prejudice to the Promoter's data protection obligations under relevant law, the Promoter shall make available, upon receipt of a written request (which includes a correctly stamped self-addressed envelope for such a response) to Durex Social Giveaway, 7975 PO Box 906, Chilton, Aylesbury, HP22 9HR to receive the winners surnames and counties for a period of 3 months after the closing date of the Promotion.

(d) Entrants to the Promotion can, at any time (including at or before the time of entry), object to all or some of their personal information being made available in accordance with paragraph 17 by emailing to PrivacyOffice@reckitt.com and indicating their request relates to Durex Social Giveaway. However, the Promoter shall provide the information set out in paragraph 17 upon request from such competent authorities (including without limitation the Advertising Standards Authority).

18. The Promoter reserves the right to withdraw, amend or terminate (temporarily or permanently) these terms and conditions or the Promotion with or without prior notice where it becomes necessary to do so due to any unforeseen circumstances outside its reasonable control (including, without limitation, in the case of anticipated, suspected or actual fraud or in the event of technical or other difficulties that might compromise its integrity).

19. No correspondence will be entered into concerning the result and the Promoter’s decision in all matters relating to the Promotion is final.

20. The Promoter and its agents accept no responsibility for entries that are not received for any reason or difficulties experienced in submitting an entry to this Promotion and proof of submission will not be accepted as proof of delivery.

21. The Promoter is not responsible for computer or network problems, problems with servers, other programming, electronic or technological failures/errors/malfunctions of any kind (including but not limited to filtering by or operation of the functionality of Instagram) or the failure to receive any posts or inability to contact the potential prize winner for any reason, whatsoever.

22. While nothing in these terms and conditions will limit the Promoter’s liability for death or personal injury caused by its negligence or for fraud, the Promoter will not be legally responsible to entrants or winners for any losses that were not foreseeable to the Promoter or to the entrant at the time of entry to the Promotion or which are caused by a third party.

23. This Promotion and these terms and conditions are governed by English law and subject to the jurisdiction of the English Courts.

24. Entrants are deemed to have accepted these terms and conditions by participating in this Promotion.

Promoter: United Kingdom – RB Commercial UK Limited, 103-105 Bath Road, Slough, Berkshire, SL1 3UH. Company number 08784077

25. PRIVACY POLICY

25.1 RB UK Commercial Limited is a company registered in England & Wales under company number 08784077, with registered office at 103 – 105 Bath Road, Slough, Berkshire, SL1 3UH (the ‘Promoter’), and is in the role of data controller responsible for the processing of personal data. The Promoter is committed to protecting the data privacy rights of all participants, in strict compliance with any applicable Data Protection Law in the UK, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Promoter confirms that any personal data, processed in connection with the Promotion, will only be collected, saved or processed for the purposes of the administration of the “Durex Sensations- Condom Testers” unless participants have consented to the processing of their personal data for different purposes, including direct marketing and sharing personal data with third-party controllers for the analysis of their consumption habits and their propensity to purchase.

More details on Promoter general processing of personal data are available here.

25.2.  Categories of personal data – Within the Promotion, the Promoter will collect from the participants the following categories of personal data based on the Promotion entry accessible from Durex page on Instagram: participants’ full name, Instagram nickname, and impressions on Instagram post for the management of the promotion entry. In relation to Promotion winners, the Promoter will further collect participants’ full name, date of birth, address for delivery, size and bank account details to manage the delivery of product for testing and ensure the transfer payment. Provided that the winners will participate in providing their reviews for the tested products, Promoter will also process their opinions and views related to product testing. Provided that the participants will further consent to direct marketing on the Promoter´s website, Promoter may further utilize participants´ email address for marketing purposes as described on the Durex website.

25.3 Purpose of the processing and legal basis – Participants’ personal data submitted in connection with the Promotion will be processed by the Promoter for the purpose of administering and managing the Promotion and, in particular, to (i) allow participants to register for the Promotion, (ii) administer the Promotion, and (iii) deliver the products for testing and review to the selected winners. Legal basis for this processing of participants’ personal data is these Terms & Conditions, which represent a contractual agreement between participants and the Promoter [i.e., art. 6 (1) (b) (UK) GDPR].

Participant’s personal data is also processed for further purposes only if they consented to such additional purposes. With participants’ consent, personal data is also processed for (i) promoting the Promoter’s products related to designated brands in portfolio via email as part of broader Promoter’s direct marketing strategy [i.e., art. 6 (1) (a) (UK) GDPR].

25.4.  Data retention – The Promoter will only retain participants’ personal data as long as reasonably required for the purposes as set out in this privacy policy or otherwise to comply with legal or regulatory requirements applicable to the Promoter. When participants’ personal data is processed (i) for the performance of a contract with the Promoter, the Promoter retains participants’ personal data for a period of 7 years following the end of the Prize Draw; (ii) for meeting legal and regulatory requirements, the Promoter retains participants’ personal data as it is set out by applicable laws; and (iii) in all other cases, participants’ personal data is processed for up to 2 years from the date of last interaction with participants (specifically for marketing purposes unless the participant opts-out from the newsletter distribution).

25.5.  Data sharing – Personal data collected within the Promotion will be accessed, as data processor(s), by our third-party vendor(s) providing support and assistance in relation to the Promotion, the Promoter’s website and our consumers’ database. For the management of the Promotion, we have further appointed Splendid Communications Limited (a company incorporated in England and Wales with company number 05424113 and having its registered office at Third Floor, Block 1, The Old Dairy, Stapleton House, 110-122 Clifton Street, London EC2A 4HT); Umbrella Risk Management Limited (a company incorporated in England and Wales with company number 05397976 and having its registered office at Dodwell House, Chilton Business Centre, Chilton, Buckinghamshire, England, HP18 9LS); [Energy Studios (a company incorporated in England and Wales with company number 09323085 having its registered office at 151 Rosebery Avenue, London, UK EC1R 4AB as a data processors based on relevant data processing agreement.

Notwithstanding the above, and in order to ensure transparency for the management of the promotion on social media, we state that, Meta is the controller of personal data of all users and visitors of the social network processed in general during its operation and also during the operation of other Meta products, such as Instagram. For more information, see the relevant social networking sites regarding the use of personal data: https://help.instagram.com/155833707900388. At the same time, we would like to inform you that when managing the Promoter's profile on the social network, the Promoter and Meta may become joint controllers of your personal data, given that the social network provides the Promoter with so-called site overviews, which are summary of data. about how people communicate with the Promoter 's profile on the social network (for example, information about the number of people that viewed the profile, commented on or responded to the organizer's posts on his social network profile, aggregated anonymized demographic data – e.g. age, city or gender of such persons etc.). Meta has the primary responsibility for processing the data from these reports in line with its Privacy Policy. In all matters related to the processing of your personal data by Meta Platforms Ireland Limited, including the scope of joint-controllership, please refer to the rules available at:  https://www.facebook.com/legal/terms/page_controller_addendum.

25.6.  Transfer to other countries – Personal data may be transferred outside the UK and the EEA, including the USA, by our third party-vendors acting as data processors on our behalf. For the transfer of personal data outside the UK and the EEA, appropriate safeguards have been adopted, including Standard Contractual Clauses adopted by the European Commission, resp. the UK Addendum, and Binding Corporate Rules as applicable within UK.

25.7.  Children – Since individuals aged 18 and over can participate exclusively in the Promotion, no data belonging to persons under the age of 18 will be processed and stored. In the event that the Promoter receives personal data belonging to persons under the age of 18, this data will be immediately deleted/destroyed. If a parent or holder of the parental authority notifies the processing of personal data belonging to persons under the age of 18, the promoter will immediately delete/destroy this data from the processing and storage facilities.

25.8.  The protection of your personal data – The Promoter undertakes to implement appropriate technical and organizational measures in order to ensure a level of security corresponding to the personal data belonging to the participants of the Promotion. In assessing the appropriate level of security, account shall be taken in particular of the risks posed by the processing of personal data, caused in particular, by accident or illegally, by the destruction, loss, modification, unauthorised disclosure or unauthorised access to personal data transmitted, stored or processed.

25.9.  Participants’ data protection rights – In connection with the processing of their personal data within the Promotion, participants have the following rights arising from the GDPR:

  • the right of access to personal data including right to request a copy of personal data;
  • the right to rectification (right to have their inaccurate personal data corrected or to have incomplete personal data completed without undue delay);
  • the right to deletion (right to have their personal data deleted without undue delay, if one of the legal grounds is given);
  • the right to restrict processing;
  • the right to data portability (in cases stipulated by law, right to obtain their personal data provided to the Promoter in a structured, commonly used and machine-readable format, and the right to pass this data to another data controller);
  • the right to object to the processing;
  • the right not to be the subject of any decision based solely on automated processing
  • the right to withdraw the consent at any time (provided that the processing was based on consent). To withdraw their consent, participants have to click here or use opt-out function at any time through the unsubscribe function in our newsletter.

25.10.  Complaints – Participants have furthermore right to complain to the Information Commissioner (ICO). Details of how to file a complaint can be found on the ICO website at https://ico.org.uk/concerns/ or by calling their helpline on 0303 123 1113.

25.11.  How to contact the Promoter – Questions, comments or requests concerning the personal data processing are welcomed and should be addressed to privacyoffice@reckitt.com. To opt out from consent, please click here or use opt-out function at any time through the unsubscribe function in our newsletter.

These Terms were last updated with effect from 13 August 2023

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