Here you will find all the 'small print' related to using this website and placing orders.
Welcome to the Cherry & Smith Limited terms and conditions for competition entry. These Terms and Conditions apply to all competitions at http://www.cherrysmith.com and all other trading websites of Cherry & Smith Limited.
Trading websites of Cherry & Smith Limited include:
By taking part in any competition on our trading websites, you agree to be bound by these terms and conditions.
If you do not accept these terms, do not enter into one of our competitions.
Cherry & Smith Limited is a company registered in England and Wales.
Our company registration number is 06545300
Our VAT registration number is 935590206
General email: firstname.lastname@example.org
Telephone number: 0333 1231460
1. These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions on the trading websites of Cherry & Smith Limited. (""Competition""), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
2. The Competition is organised by Cherry & Smith Limited.
3. Rules specific to each Competition are displayed in a notice on the page for such Competition ("Competition Notice") and are incorporated into the Rules. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
4. Cherry & Smith Limited reserves the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside Cherry & Smith Limited’s reasonable control. Any changes will be posted within these terms and conditions.
5. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Cherry & Smith Limited shall be final and no correspondence or discussion shall be entered into.
6. To qualify to enter the Competition you must be resident in the United Kingdom. The address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct.
7. Employees of Cherry & Smith Limited or any company involved in the Competition or any advertising agency or web company connected with Cherry & Smith Limited or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Competition.
8. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver's licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.
9. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. Cherry & Smith Limited reserves the right to verify the eligibility of all entrants.
10. Cherry & Smith Limited assumes that by using the website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules.
11. Cherry & Smith Limited reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
12. In the event that any entrant is disqualified from the Competition, Cherry & Smith Limited in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
13. Only one entry per person per Competition is allowed (except where the Competition Notice states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified. Where a winner has been selected and Cherry & Smith Limited discovers or has reasonable grounds to believe the winner has made more than one Entry, Cherry & Smith Limited reserves the right to select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.
14. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.
15. There is no purchase requirement to enter a Competition and there is no charge to register for use of the website.
16. Proof of posting or emailing cannot be accepted as proof of delivery. Cherry & Smith Limited cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to Entries, or Entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
17. Entrants should note that unless stated otherwise, Cherry & Smith Limited does not accept responsibility for the return of any Entries, including those consisting of artistic or other material.
18. Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying Entries within 30 days of the closing date specified in the Competition Notice. Tie–breakers will be judged by Cherry & Smith Limited and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Cherry & Smith Limited shall be final and no correspondence or discussion shall be entered into.
19. Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the website or you can write to Competition Prize Winners, Cherry & Smith Limitedm Nithsdale House, 47 Junction Road, Burgess Hill, West Sussex, United Kingdom, RH150JB naming the specific competition including a self-addressed stamped envelope for a list of winners.
21. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
22. Prizes are non–transferable and there is no cash alternative. Cherry & Smith Limited reserves the right to substitute prizes of equal or greater value at any time.
23. Prizes are awarded at Cherry & Smith Limited‘s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
24. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. Cherry & Smith Limited reserves the right to request written proof of age of any winner.
25. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
USE OF ENTRIES
26. Cherry & Smith Limited does not, unless we agree this with you, claim any rights of ownership in your Entry. As such, you retain ownership and, although Cherry & Smith Limited will be able to use Entries as set out in the Rules, you will also have the right to use your Entry in any way you choose. Where any Entry is to be used in a different way (e.g. we are asking to own this) this will be made clear on the website and you will then be able to choose whether to enter the Competition.
27. In consideration of Cherry & Smith Limited agreeing to consider entrants to the Competition, each entrant hereby agrees that Cherry & Smith Limited (and third parties authorised by Cherry & Smith Limited) may make any and all Entries available on the website and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Entries may be made available with advertising and/or sponsorship. You now grant Cherry & Smith Limited (and third parties authorised by Cherry & Smith Limited) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the Entry for such purposes.
28. Cherry & Smith Limited does not guarantee to use or otherwise make available any Entry. Cherry & Smith Limited may, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
29. Your entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Cherry & Smith Limited reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
30. Cherry & Smith Limited cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. Cherry & Smith Limited is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude Cherry & Smith Limited's liability for death or personal injury as a result of its negligence.
32. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual‘s prior consent. Data relating to entrants will be retained by Cherry & Smith Limited for a reasonable period after the Competition closes to assist Cherry & Smith Limited to operate competitions in a consistent manner and to deal with any queries on the Competition.
33. The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.