GENERAL TERMS AND CONDITIONS FOR THE SANTA DASH GAME
Main Prize: 2 X £1000 cash prize
Runner up Prizes: 10 X £50 Marston’s vouchers (terms and conditions apply)
Daily Prizes: 2,000 X buy-one-get-one-free vouchers for our Berry Spritzmas Cocktail
Opening Date/Time: 11:00 am on 01 12 2021
Closing Date/Time: 23:59 pm on 23 12 2021
No. of Entries: There is no limit on the number of times you can play the Santa Dash game. Once you have played you will be automatically entered into the main prize draw with a chance to win the Main Prize or one of the Runner up prizes and be in with a chance of winning one of the Daily Prizes.
- The Promoter is Marston's PLC (company number 00031461) (trading as “Marston’s Pubs & Bars,) with its registered office at Marston’s House, Brewery Road, Wolverhampton WV1 4JT (the "Promoter").
- This promotion is open to residents of the United Kingdom (excluding those located in Northern Ireland) aged 18 or over, except for employees/directors of the Promoter, such employees/directors’ immediate families/households or anyone else professionally involved with this promotion.
- This is an online promotion and internet access is required to participate. To enter, prospective entrants must login to an existing account, or register their details and create an account on this website (“Website”).
- To enter: Once you have registered or logged in, all you need to do is fly Santa through the buildings and trees without hitting them, colleting as many mince pies as you can. Once you have registered to play, you will be automatically entered into the main prize draw to win the prizes specified below and, if you score 10 points or more each time you play, you will also be in with a chance of winning one of the daily win prizes.
- Entrants must not use a false name or email or provide any false information when registering for use of the Website / the promotion. Entrants shall not share or disclose their login details or password to any third party. The Promoter may refuse, remove, or suspend registration at any time.
- There is no purchase necessary.
- Entrants may only enter the promotion via the Website and entries by email, post or facsimile will not be accepted.
- Any entries which have been submitted using scripts, automated systems, collaborative practices or via a third party for commercial gain will be deemed invalid.
- Entrants may only enter the promotion, for personal non-commercial use only.
- Every day you play you will be in with a chance of winning one of the daily prizes, subject to these terms. Once you have played once you will also be entered into the Main Prize draw.
- Please note this promotion is also being run at other participating Marston’s pubs, therefore all winner(s) will be drawn at random from all valid entries received from all participating pubs, not just entries from guests at this particular pub. This promotion is not being run at any of our pubs located in Scotland.
- Please refer to the promotional page on the Website for full details of the prizes on offer.
- Prizes are non-transferable, non-refundable and no cash equivalent is available
- Whilst the Promoter will make every effort to honour the advertised prize(s), the Promoter reserves the right in its sole discretion to substitute any prize with an alternative of a similar value if circumstances dictate this.
Main Prize Draw Winners
- 2 x main prizes of cash valued up to £1000 and 10 x runner up prizes of £50 Marston’s Pub voucher to be used at a Marston’s pub.
- After the Closing Date, prize draw winner(s) (for the Main Prize and the Runner Up Prizes) will be selected at random from all complete, eligible and properly submitted entries received. The winner(s) will be notified by email, with details on how to claim the prize.
- The winner(s) will receive their prize on the date specified or within 28 days of notification of being successful.
- Normal voucher terms and conditions will apply to the Runner Up prizes, available to view here Marston's Pubs Vouchers (marstons.co.uk).
Daily Prize Winners
- Every entry that scores a minimum of 10 points will be eligible to win an daily prize, comprising a ‘buy one get one free voucher’ for our Berry Spritzmas Cocktail only - to be used in any participating Marston’s pub. Participating pubs can be found via the pub finder -marstonspubs.co.ukEvery voucher must be used by 31st December 2021 and normal licensing conditions apply.
- The daily prizes are linked to prize draws that will run every day at 12PM, for the duration of the campaign, with winners being allocated at random from the eligible entries received in the time frame leading up to 12PM (for the first prize draw) and the 24 hours from the previous prize draw till 12PM (for the rest of daily prize draws).
- All daily prize winners will be selected as outlined above from all complete, eligible and properly submitted entries. Winners will be notified by email with details on how to claim the prize. The voucher will be emailed to the email address supplied when registering or logging into the Website – please make sure the correct email address is supplied as we cannot be responsible for any errors.
- Every entry to play the game will automatically be entered into the main prize draw, not just those that win a daily prize.
Data Protection and Privacy
- In accordance with the current guidelines that govern promotions in the UK, if you are a main prize winner, we may publish, or make available on request, information that confirms an award took place – that is your surname, county and, if applicable, the entry itself. You have the right to object, or to ask for less information to be made available. If you wish to object, or if you have any questions or comments regarding data and privacy, please contact our data team by emailing DataSecurityInformation@marstons.co.uk
- If you are a main prize winner, we may wish to use your personal data to announce the winner and for reasonable promotional purposes connected to the promotion. Again, if you wish to object, please contact the data team.
Limits on the Promoter's responsibilities and Indemnities
- Winners agree to be fully responsible for any personal or incidental expenses and/or tax liabilities incurred in claiming and using the prizes. The Promoter will not be responsible for any loss or injury resulting from entry into the promotion or a winner's acceptance of the prize.
- Winners will be notified using the contact details they submitted on the Website. The Promoter will take all reasonable steps to contact the winning entrants to arrange for the delivery of the prize, but if there is no response within 14 days, or the contact details are invalid, the Promoter reserves the right to (randomly) re-allocate the prize without liability to the first winner.
- The Promoter will not be responsible for losses, failures or delays relating to circumstances beyond its reasonable control including (but not limited to) acts of God, war, strikes, pandemics (including associated lock downs), disputes, third party website or platforms (including social media) not in its direct control or the acts or defaults of any supplier of the prizes.
- The Promoter will not be responsible for any damage, loss or injury to an entrant that is not reasonably foreseeable. The Promoter's responsibility for any damage, loss or injury to an entrant under these terms and conditions or otherwise in connection with the promotion shall be limited to the value of the prize won by the entrant.
- The Promoter will not be responsible for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit entrants' ability to participate in the promotion. The Promoter does not guarantee that the Website will be operational on any specific device or system or that it will be error free or available all the time.
- The Promoter will be liable for any death or personal injury arising from its negligence. Nothing in these terms and conditions will exclude that liability or any other liability, which it is not lawful to exclude.
- Each entrant will indemnify (and will keep indemnified) the Promoter and its affiliates against all costs, claims, losses, damages, expenses (including legal expenses) or other liability arising as a result of a breach of these terms and conditions, negligence or any other action which imposes an unreasonable burden on the Website including (but not limited to) the use of software robots.
- All winning entrants agree to participate in any reasonable publicity arranged by the Promoter without recompense.
- The decision of the Promoter is final, and no correspondence will be entered into.
- Subject to clause 24, the name and county of the main prize winners can be obtained for up to 6 months following the closing date by sending a self-addressed envelope to the Promoter’s address set out above citing the name of the promotion.
- The Promoter reserves the right to eliminate or disqualify any entries or entrants who the Promoter has reasonable grounds for believing are in breach of these conditions.
- The Website may contain links to other websites, including those belonging to the Promoter's partners. These links are provided for convenience and are not under the control of the Promoter and as such we make no warranty, either expressed or implied, concerning the content of such sites including claims of infringement or that such sites are devoid of viruses or error free.
- The Promoter reserves the right to cancel the prize draw or amend these terms and conditions without prior notice at any time, for whatever reason, and without liability to any entrants for doing so. Please check these terms and conditions regularly as any changes are effective immediately upon posting to the Website.
- The rights and remedies of the Promoter under these terms and conditions are without prejudice to its rights under the law. These terms and conditions shall not create any rights or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
- These terms and conditions are made under English law. Any dispute or claim that an entrant or the Promoter brings in relation to or in connection with these terms and conditions or the promotion will be decided on the basis of English law by the English courts alone.
- It is not the intention of this promotion in any way to encourage people to consume excessive amounts of alcohol. The Promoter encourages responsible drinking. For the facts, visit drinkaware.co.uk
- If you have any questions or comments regarding this promotion, or these terms, please contact us at the above address or using the “Contact Us” section of the Website. Please clearly state the name of the promotion.
Terms and Conditions – Book Your Table
1 BOOKING TERMS
1.1 What these terms cover. All bookings for tables at Marston’s Pubs and Bars premises (whether or not a deposit has been paid) (“Bookings”) are subject to these terms and conditions. By making a Booking, you agree to be bound by these terms.
1.2 Why you should read these terms. Please read these terms carefully before you make a Booking. These terms tell you who we are, how you can book your table, how and when you and we may change the booking, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or you are unclear as to their meaning or have any questions regarding them, please contact us using the contact details in clause 2.2.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Marston’s Pubs and Bars a trading division of Marston’s PLC a company registered in England and Wales. Our company registration number is 00031461 and our registered office is at Marston’s House, Brewery Road, Wolverhampton WV1 4JT. Our registered VAT number is GB100019352.
2.2 How to contact us. You can contact us by getting in touch directly with the premises at which your Booking has been made, or by telephoning us on 01902 711811 or by using the “Contact Us” facility on our website (at www.marstons.co.uk/contact). Alternatively, you can send us a letter to the address in clause 2.1.
3 HOW TO MAKE YOUR BOOKING
3.1 How to book. You can make a Booking request using our online booking form at the website for the relevant Marston’s Pubs and Bars premises, in person at the premises or by telephone using the contact number provided on the website for the relevant Marston’s Pubs and Bars premises.
3.2 Our right to reject a Booking request. We may accept or reject a Booking request at our sole discretion.
3.3 Booking confirmation. When you place a Booking request online, we will email you a Booking confirmation together with a reference number for your Booking. When you make a Booking request over the telephone or in person, we will confirm acceptance of your Booking verbally.
3.4 Subject to availability. All Bookings are subject to availability.
3.5 Deposits. In certain circumstances, such as a Booking for our Festive, Christmas Day, Boxing Day and New Year’s Eve menus, we will usually require payment of a deposit for each adult in order to secure your Booking. We will let you know at the point of Booking how much deposit is required (if any). Where a deposit is required, no Booking will be accepted or treated as confirmed until the deposit is paid. We reserve the right to cancel Bookings where deposits are unpaid. Deposits are redeemable against your bill on the day of your Booking. Deposits are non-refundable and non-transferrable (except where clause 6.5 below applies).
3.6 If someone in your party becomes unwell due to Covid-19 symptoms or if the pub has to close, we will help you to find an alternative date or we will process a full refund for your booking. Please try to give us 72 hours’ notice, where possible of any changes to your booking. Refunds may take up to 30 days to be processed during the festive period.
3.7 In line with Government guidance, at our Scottish and Welsh sites, we are accepting parties of 6 or more, where the group includes children under 12. At our English sites, we are accepting bookings of 6 or more, where all members of the booking are from the same household. For bookings of 6 or more, please call the pub directly to make your booking.
4 WEBSITES AND MARKETING MATERIALS
5 YOUR BOOKING
5.1 Please be prompt. Please arrive promptly for your Booking, as we can only hold your table for 15 minutes. If you are later than this, we reserve the right to treat your reservation as a no-show or cancellation.
5.2 Alcohol. Alcohol may only be purchased or consumed by persons aged 18 years or over and photographic identification may be required. We reserve the right to refuse service of alcohol at our sole discretion.
5.3 Vouchers and promotional offers. Vouchers and promotional offers are not always valid on certain menus or at certain days or times of the year. Please contact us for more information or ask when you make a Booking. We reserve the right to change, amend or withdraw promotional offers at any time without prior notice. All special offers offered by us in relation to any or all of our menus (“Offers”) are subject to this contract together with any terms and conditions specific to that Offer (“Offer Terms”). In the event of a conflict between the Offer Terms and this contract, the Offer Terms shall take precedence.
5.4 Vegetarian and Vegan. We cannot guarantee that our vegetarian and vegan dishes have been cooked in dedicated vegan fryers. Please contact us for more information.
5.5 Allergens. Due to the way our food and drink is prepared it is not possible to guarantee the absence of allergens in our meals and drinks and we do not make a “free from” claim. Our allergen information only states allergens if they are an ingredient of a product. We do not include “may contain” information. Our menu descriptions do not include all ingredients. Full allergen information is available on request. Please contact us should you have any concerns.
5.6 Menu availability. All menu items are subject to availability. Any photography on our menus or other promotional materials are for representative purposes only.
5.7 Accessibility. If you or any member of a Booking party has any individual needs, such as reduced mobility, please advise us before making your Booking and we will be able to check if we are able to meet with your individual needs.
5.9 Guest behaviour. We politely request that you conduct yourself, and that you ensure that all guests visiting our premises under your Booking conduct themselves, appropriately at all times and comply with any requests and notices regarding conduct, health and safety (including observing any applicable social distancing measures) and respecting the premises, our neighbours, our employees and other guests. You, and all guests visiting our premises under your Booking, must not cause an unreasonable disturbance to other guests or our staff. Violent or threatening behaviour is not accepted on any of our premises.
5.10 Damage. We reserve the right to retain deposit monies and/or charge you for any damage caused by any member(s) of your party at the premises.
5.11 Questions or complaints about your Booking. If you have any questions or a complaint about your Booking, please speak to a member of the management team at the premises. Alternatively, please contact us using the contact details in clause 2.2.
6 YOUR RIGHTS TO CANCEL OR MAKE CHANGES TO YOUR BOOKING
6.1 Making changes to your Booking. If you wish to make a change to your Booking, please contact us directly. We will let you know if the change is possible and anything else which would be necessary as a result of your requested change, including any increased deposit amount required. All changes to your Booking are subject to availability.
6.2 Cancelling your Booking. If you wish to cancel your Booking for any reason, we always appreciate it if you can let us know as far in advance as possible. You can cancel your Booking by contacting us using the contact details in clause 2.2 or by clicking the “Cancel Booking” button on your Booking confirmation email.
6.3 Non-refundable deposits. In the event of cancellation by you within 14 days of the Booking date or no-show for any reason, any deposit paid is non-refundable and non-transferrable. The deposit amount represents reasonable compensation to us of the net costs that we incur as a result of your cancellation or no-show in terms of staffing, food, and any lost revenue as a result of turning away other potential bookings.
6.4 The application of the Consumer Contracts Regulations 2013. You do not have any right to cancel your Booking under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 because your Booking relates to the supply of catering or services related to leisure activities, where the contract provides for a specific date or period of performance.
6.5 Circumstances in which deposits may be refundable. Although you do not have any right to cancel your Booking under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we always want to treat our guests fairly and have an obligation to do so. On that basis, where a deposit has been paid for your Booking, that deposit will usually be refundable in the following circumstances:
6.5.1 if you tell us you wish to cancel your Booking at least 14 days before your Booking date;
6.5.2 if we are unable to honour your Booking (see clause 7.1 below);
6.5.3 we have told you about an error made by us in relation to your Booking (e.g. menu price) and you do not wish to proceed;
6.5.4 where you have a legal right to end the contract because of something we have done wrong; or
6.5.5 if we choose to refund your deposit for any other reason, at our sole discretion.
6.6 Issuing refunds. Where a deposit has been paid for your Booking and we have agreed to refund the deposit to you, you will need to contact us directly so that we process the cancellation and issue a refund. We will refund you by the method you used for payment. Please note that a refund will not automatically be issued if you cancel your Booking using the “Cancel Booking” button on your Booking confirmation email, so you will still need to contact us directly to arrange a refund.
7 OUR RIGHTS TO CANCEL OR MAKE CHANGES TO YOUR BOOKING
7.1 Our right to cancel. In the event we are unable to honour your Booking for any reason, including (but not limited to) an act or event outside our reasonable control, such as riot, terrorist attack or war (or threat of either), fire, explosion, storm, flood or other natural disaster, pandemic or epidemic (including COVID-19), or any law or action taken by a government or public authority (including local or national lockdowns) or for operational or business reasons (for instance where premises need urgent repair or refurbishment or are closed, or where we do not have the capacity to accommodate you for any reason):
7.1.1 We will use our reasonable endeavours to provide you with an alternative table (or a table at an alternative premises) that meets your requirements; or
7.1.2 If we are unable to provide you with an alternative table (or table at an alternative premises) for whatever reason, or if you do not accept the alternative table or premises, the contract will be cancelled and you will receive a full refund of any payment you have made in advance in relation to your Booking.
We will endeavour to provide you with as much notice as reasonably possible if we have to cancel your Booking for any reason.
7.2 We may end the Booking contract if you break it. We may end the Booking contract at any time by writing to you at the email or postal address you provided to us at the time of Booking, or by cancelling your Booking with immediate effect and (if appropriate) ejecting you (or a member of your Booking) from our premises if:
7.2.1 you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due;
7.2.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the table, for example, information about allergies or other specific guest requirements;
7.2.3 you are otherwise in breach these terms; or
7.2.4 you wilfully or negligently interrupt our business or the business of our other guests.
7.3 You must compensate us if you break the Booking contract. If we end the contract in the situations set out in clause 7.2 we will refund any money you have paid in advance for any Booking but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8 OUR LIABILITY TO YOU
8.1 All property is left or brought into our premises entirely at the owner’s risk. We do not accept any responsibility for the loss or damage to any property left or brought into our premises.
8.2 We are not liable for business losses. We only take Bookings for domestic and private use. If your Booking is made for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or loss or reputation and/or goodwill, or similar.
8.3 Indirect losses. We are not responsible for any loss or damage that was not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Booking process.
8.4 Liability which cannot be excluded. Nothing in these terms and conditions shall exclude our liability for:
8.4.1 personal injury or death caused by our negligence;
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9 HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 How we will use your personal information. Your privacy is important to us and we will endeavour to keep your personal information safe and secure. We will use the personal information you provide to us:
9.1.1 to supply the table to you and administer your Booking;
9.1.2 to process your payment for your booking, where applicable; and
9.1.3 if you agreed to this during the Booking process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by unsubscribing or contacting us.
10 OTHER IMPORTANT TERMS
10.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that does not mean that you do not have to do those things or that we are prevented from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
10.4 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the Booking in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Booking in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Booking in either the Northern Irish or the English courts.