The Points Guy UK 3rd Birthday Competition Terms and Conditions
THE POINTS GUY UK COMPETITION RULES
These are the terms and conditions (“Rules”) that apply to The Points Guy UK 3rd Birthday Treasure Hunt Competition (“Competition”). By entering the Competition, each entrant agrees to these Rules and confirms they have read and understood The Points Guy Privacy Notice at https://thepointsguy.co.uk/privacy-policy/and the supplementary processing notice at the end of these Rules. Please also see the limitations of liability in the “Liability” section below.
1. Promoter: Red Ventures Services Limited (trading as “The Points Guy UK”), a company incorporated and registered in England and Wales with registered company number 06952311 and registered office address at The Cooperage, 5 Copper Row, London SE1 2LH (“Promoter”).
2. Entry period: There are two opportunities to enter this Competition: an online treasure hunt (“Online Hunt”) and an in-person treasure hunt (“Physical Hunt”). The Online Hunt opens for entry at 7am on 4 May 2022 and closes at 11.59 pm on 4 May 2022 (“Online Hunt Entry Period”). The Physical Hunt opens for entry at 7am on 5 May 2022 and closes at 5 pm on 5 May 2022 (“Physical Hunt Entry Period”).
3. Eligibility: The Competition is open to legal residents of Great Britain (England, Scotland and Wales only) who are at least 18 years old at the time of entry. Entrants may participate in either or both stages of the Competition, but may only enter each stage once. The Promoter reserves the right at any time to require proof of eligibility in such form as the Promoter reasonably considers necessary.
The following persons are not eligible to enter the Competition: (i) any employee or other individual engaged by the Promoter or any of its associated companies; (ii) members of the immediate family and/or household (whether related or not) of any of those individuals; and (iii) anyone else professionally involved or associated with the operation, promotion or administration of the Competition.
4. Participation in the Online Hunt:
a. To participate in the Online Hunt, eligible entrants must work out the hidden phrase located on the Promoter’s website and other channels and submit their answer during the Online Hunt Entry Period.
b. The hidden phrase will be formed of three (3) words. Each word forming part of the hidden phrase will be located on a different channel of the Promoter and will appear in a different font and colour to the surrounding text in which it appears.
c. The three (3) words will appear in the following online locations from 7am on 4 May 2022:
i. in an article on the Promoter’s website at www.thepointsguy.co.uk;
ii. in a post on the Promoter’s Instagram at @thepointsguyuk; and
iii. in the body of the Promoter’s UK daily newsletter. To receive the newsletter, entrants must subscribe at https://thepointsguy.co.uk/mailing-list/ by no later than 12pm on 3 May 2022.
d. Once the three (3) hidden words have been found and arranged to form the correct phrase, entrants must submit their entry by sending the correct phrase in the body of an email to firstname.lastname@example.org with the subject line “Happy Birthday TPG UK”.
e. All entries must meet the above criteria and must be received before the end of the Online Hunt Entry Period.
f. There will be three (3) winners in the Online Hunt. The winners will be the first three (3) entrants whose correct entries are received into the Promoter’s email inbox (excluding any spam or junk mail folder). The decision of the Promoter is final as to the timing of receipt of each entry.
g. Each entrant acknowledges that the speed of transmission and receipt of email entries will depend on a number of factors that are outside the control of the Promoter. The Promoter is not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled or incomplete entries resulting from transmission errors, service outages or any other technical, network, electronic, computer, hardware or software malfunctions or limitations of any kind.
5. Participation in the Physical Hunt:
a. To participate in the Physical Hunt, eligible entrants must work out the location of one (1) of three (3) golden envelopes hidden in London and retrieve that envelope during the Physical Hunt Entry Period before the other entrants.
b. The three (3) golden envelopes will be hidden at one location in London.
c. Clues to the locations of the three (3) golden envelopes will be released on the Promoter’s Instagram account at @thepointsguyuk from 7am on 4 May 2022.
d. Once the entrant has worked out the location of a golden envelope, the entrant must make their way to the relevant location and claim the envelope from the Promoter’s representative.
e. There will be three (3) winners in the Physical Hunt. The winners will be the first three (3) entrants to claim the golden envelopes from the Promoter’s representatives in the location.
f. If any of the golden envelopes have not been claimed before the end of the Physical Hunt Entry Period, then for each unclaimed golden envelope the winner will be the next fastest entrant in the Online Hunt. For example, if there is one (1) unclaimed golden envelope, the winner will be the entrant whose correct entry in the Online Hunt was received in fourth place.
6. Participation in the Grand Prize Draw: The three (3) winners of the Online Hunt and the three (3) winners of the Physical Hunt will be entered into a random prize draw to win the Grand Prize (as defined below) (“Grand Prize Draw”). The Grand Prize Draw will take place on Friday 13 May 2022 between 12.30pm and 1pm on Cuppa TPG Instagram live on @thepointsguyuk. The winner will be the entrant whose name is drawn at random from those entered into the draw.
7. Prizes: There are seven Prizes to be won in this Competition (each a “Prize”), as set out below. Each entrant is only eligible to win one (1) Prize, except that winners of the Online Hunt and Physical Hunt will also be entered into the Grand Prize Draw. If any winner of an Online Hunt Prize also wins a Physical Hunt Prize, that winner will forfeit their right to the Online Hunt Prize, which will be awarded instead to the next fastest entrant in the Online Hunt.
a. Online Hunt Prizes: the three (3) winners in the Online Hunt will each receive 10,000 (ten thousand) Virgin Points.
b. Physical Hunt Prizes: the three (3) winners in the Physical Hunt will each receive 10,000 (ten thousand) Virgin Points.
c. Grand Prize: the one (1) winner of the Grand Prize Draw will win the following prize package: (i) two (2) Malaysian Airlines economy class return flights from London to Langkawi (Malaysia); (ii) two (2) nights at the London Marriott Hotel Regents Park for the winner and one (1) guest, based on double/twin occupancy in a Deluxe room and including breakfast; and (iii) 90,000 Virgin Points.
8. Prize conditions: The following conditions apply to the redemption and use of the Prizes:
General prize conditions:
a. Unless otherwise stated, all Prizes are non-transferable, non-refundable, non-exchangeable and no cash alternative is available. However, if the Promoter considers it appropriate, or if it becomes necessary for reasons beyond the Promoter’s control, a Prize may be varied or swapped for a suitable alternative in the Promoter’s discretion.
b. Prizes exclude all costs and expenses incurred by the winner and any guest that are not expressly set out above, including: (i) transportation; (ii) food and beverages; (iii) overnight accommodation; (iv) travel and medical insurance and any other required travel documents; (v) any required COVID-19 testing; (vi) any discretionary spending; and (vii) any related taxes.
Virgin Points prize conditions:
c. A Virgin Red account is required. Winners will receive an email with instructions on how to sign up (if they are not already members of Virgin Red) and redeem the Prize (in the form of a promo code) within their Virgin Red account, either through the Virgin Red app or on the website.
d. The Virgin Red promo codes can be used until 11:59 pm on 29 June 2022. Winners must ensure that promo codes are redeemed before this date. Any unused promo codes will expire without notice after this date.
e. After the Virgin Red promo code has been redeemed, the Virgin Points will be added to the winner’s Virgin Red account. There is no specific expiry date for using the Virgin Points and all Virgin Points are subject to Virgin Red’s Programme Terms and Conditions, which can be found here: https://www.virgin.com/virgin-red/terms-and-conditions.
f. There is no cash alternative available to Virgin Points. The Virgin Points are as stated and no alternatives are available. The Points are non-transferable and cannot be resold.
g. The number of Virgin Points that can be earnt or the number of Virgin Points that need to be spent to obtain a reward may change at any time, at the sole discretion of Virgin Red.
Hotel stay prize conditions:
h. The hotel stay must be completed by 1 May 2023. Bookings must be made by the winner directly with the hotel.
i. All dates are subject to availability.
j. All elements of the hotel stay must be used in the same itinerary. The winner (and guest) are not entitled to receive any unused portion or element of the Prize.
k. The winner will be asked for a credit card on check in at the hotel to cover any extras so must be able to provide one and to cover any costs incurred by the winner and guest.
l. The winner and guest must comply fully all applicable laws and regulations. The Promoter will have no liability to the winner or guest if the winner and/or guest are unable to receive the full benefit of the Prize or are denied entry to, or are asked to leave, the hotel as a result of a failure to abide by any applicable law or as a result of inappropriate behaviour.
Malaysian Airlines prize conditions:
m. The ticket/s awarded are non-transferable and non re-routeable in any way. This means that your ticket cannot be transferred into another person’s name, and it cannot be exchanged or sold for cash and cannot be changed to any origin or destination. All flights are to depart and arrive from London Heathrow Airport.
n. The validity of the ticket will be as per the winner’s letter, i.e., avoiding Easter, Summer, Christmas & New Year and bound by the operating schedule of the airline at the time.
o. The prize must be used by the winner and companion travelling together on the same flights/dates. Flight booking must be made no later than 31 May 2022 and subject to availability at the time of booking. The prize is valid for travel between 1 June 2022 and 31 May 2023, except for blackout dates, 15 July 2022 until 15 August 2022, 09 December 2022 until 6 January 2023 and 1 April 2023 until 14 April 2023 (travel permitted based on current operational schedule at the time of travel). Travel must be completed by 31 May 2023. Booking must be made no later 30 June 2022. Seats and booking confirmation are subject to availability at the time of booking. Both passengers must travel together.
p. The prize booking dates may change based on the operating schedule/flight cancellations from the airline. Malaysia Airlines will contact the winner and make the necessary booking changes.
q. If the prize is not claimed by the expiry date stated, the prize will be forfeited, and there will be no further correspondence. All travel must be completed within one month from ticket date of departure.
r. Malaysia Airlines shall pay any applicable transportation taxes and government-imposed fees related to the prize for the airline tickets.
s. Prize does not include travel on oneworld carriers or designated codeshare flights where Malaysia Airlines is not the operating carrier. All travel must be completed before the expiry date and no extension of validity will be made.
t. Stopover is not permitted in Kuala Lumpur.
u. Except as otherwise provided, the prizewinner and their travelling companion (the “winners”) are responsible for: any and all costs, expenses and taxes not expressly described herein including, without limitation, ground transportation, accommodation, gratuities, merchandise, telephone calls, personal expenses of any nature for overnight layover, meals and beverages, service charges and entertainment. The winners will be responsible for their own travel insurance. It is the responsibility of the winners to ensure they have a valid passport each and obtain any necessary vaccination or visas for their trip. Due to COVID-19, flight schedules maybe impacted, the winner and their companion will be responsible for all cost mentioned above.
v. Due to government restrictions and requirements, the cost for COVID-19 test required for travel between the United Kingdom and Malaysia is the responsibility of the winner and their companion.
w. Prize tickets are not entitled to any upgrades, access to Golden Lounges and Excess Baggage. Mileage accrual is not available for this complimentary ticket.
x. Once tickets are issued, they are non-changeable, non-refundable, or upgradeable. Once booked, the origin and destination, flight time and date of travel cannot be changed. Stopovers are not permitted. Flights are subject to Malaysia Airlines’ terms and conditions of carriage, which can be found at www.malaysiaairlines.com/uk
y. The prize winner is solely responsible for declaring details of any award provided under the Competition to HMRC and for paying any tax liability which may arise.
9. Winner notification and Prize claims:
a. Online Hunt Prizes: The three (3) winners in the Online Hunt will be notified by email by 10:00 am on 5 May 2022. Winners will have 5 days to claim their Prize by contacting the Promoter and providing the details requested in the win notification.
b. Physical Hunt Prizes: The three (3) winners in the physical Hunt will be notified of their win and must provide the requested claim information at the time they retrieve the golden envelope from the Promoter’s representative. However, if any golden envelopes are not retrieved on the day and a winner is selected from the pool of entrants from the Online Hunt in accordance with section 5.f, then the relevant winner(s) will be notified by email by 10am on 6 May and will have 5 days to claim their Prize by contacting the Promoter and providing the details requested in the win notification.
c. Grand Prize: The winner of the Grand Prize will be announced on the Cuppa TPG Instagram Live on @thepointsguyuk between 12:30 pm and 1:00 pm on 13 May 2022. The winner will also be notified of their win by email by 6pm on 13 May 2022 and will have 5 days to claim their Prize by contacting the Promoter and providing the details requested in the win notification.
10. Forfeiture and selection of alternative winners: The Promoter will make reasonable efforts to contact winners, but it is each winner’s responsibility to monitor their voicemail, email account and other messaging services (including any junk mail folders) for receipt of the notification. Failure to claim a Prize within the deadlines stated above may result in the Prize being forfeited and the selection of an alternative winner. Alternative winners will be notified as set out above and must claim the Prize in accordance with the process and deadlines set out above.
11. Prize delivery: A Virgin Red account is required to claim the Virgin Points. Virgin Points winners will receive an email within 5 days of a valid Prize claim with instructions on how to sign up (if they are not already members of Virgin Red) and redeem the Virgin Points (in the form of a promo code) within their Virgin Red account, either through the Virgin Red app or on the website. The Grand Prize winner will receive an email within 5 days of a valid Prize claim with full instructions for redeeming the Virgin Points and the hotel and flight elements of the Prize.
12. Publicity: By entering the Competition, each entrant agrees that, in the event of a win, the Promoter shall be entitled (but not obliged) to announce their name on the Promoter’s websites and social media. The entrant may also be asked (without further reward) to take part in reasonable publicity connected with the Competition, such as to have their name and/or image, together with a short statement about their win, featured on the Promoter’s websites and/or social media.
13. Liability: Nothing in these Rules limits or excludes any person’s liability for death or personal injury caused by negligence, for fraud or for any matter for which liability cannot be lawfully limited or excluded. In particular, consumers have legal rights in relation to products that are faulty or not as described and services which are not performed with reasonable care and skill and these legal rights are in addition to and are not affected in any way by anything contained in these Rules. However, to the fullest extent permissible by law, the Promoter will not be liable for: (i) any loss or damage caused by a third party who is not acting on behalf of or under the direct instructions of the Promoter; (ii) any loss or damage occurring as a result of the winner taking up and using any third-party product or service forming part of the Prize (except where caused by the negligence of the Promoter, its agents or distributors or that of their employees); (iii) any loss or damage caused by any event or circumstance beyond the Promoter’s reasonable control; (iv) any loss of profits or revenue, loss of anticipated savings or loss of goodwill; or (v) any unavailability of the Promoter’s websites, apps or social media accounts. Further advice about consumer rights is available from any local Citizens’ Advice Bureau (https://www.citizensadvice.org.uk/) or Trading Standards (https://www.gov.uk/find-local-trading-standards-office).
14. No endorsement: The Competition is in no way sponsored, endorsed, administered by or associated with any social media platform or any other third party (including Virgin Red, Malaysian Airlines or Marriott International). All third-party trade marks and other intellectual property rights are hereby acknowledged. Use of and entry to promotions via social media platforms is always subject to the rules, terms and policies of those platforms. By participating in the Competition, entrants are providing information to the Promoter, not to the relevant social media platform or any other third party. To the maximum extent permitted by applicable law, the relevant social media platforms shall have no liability to any person in connection with or arising out of the Competition howsoever caused, including for any costs, expenses, damages and other liabilities.
15. Cancellation and variation: The Promoter reserves the right to vary, suspend or cancel the Competition and/or these Rules if it considers it necessary or appropriate to do so, including if there is any actual or anticipated breach of applicable law or if variation, suspension or cancellation is necessary due to an event outside the Promoter’s reasonable control. In the event of cancellation, Prizes may be awarded to winners drawn from entries received prior to cancellation.
16. Disqualification: Without limiting the options available to the Promoter, the Promoter reserves the right at any time to disqualify entries or entrants that the Promoter regards as being in breach of these Rules, any applicable laws, any terms and conditions referred to in these Rules or the spirit of the Competition.
17. Interference with the Competition: Any attempt to damage or undermine the content or legitimate operation of the Competition is prohibited and may also be a violation of criminal and/or civil laws. The Promoter reserves all its rights and remedies to deal with breaches or suspected breaches of this section including, without limitation, to exclude any entrant or winner believed to be associated with such activity.
18. Disclosure of winner details: By entering the Competition, each entrant acknowledges that in the event of a win their surname and county of residence may be disclosed to persons enquiring, where permitted by law. Any entrant may object to their information being made available in this way or may request that the amount of information made available be reduced, by contacting Promoter using the contact details at the end of these Rules. In these circumstances, the entrant acknowledges that the Promoter may nevertheless disclose the relevant information, and the entrant’s entry, to the UK’s Advertising Standards Authority (and/or any other competent authority) if required to do so. This may happen where the Promoter is required to demonstrate that it has awarded the prizes advertised. To request disclosure of winner details, enquirers must submit a request by no later than 30 June 2022 by sending a stamped addressed envelope to 2022 TPG UK 3rd Birthday Treasure Hunt Competition, Attn: The Points Guy UK, Red Ventures Services Ltd, The Cooperage, 5 Copper Row, London SE1 2LH. Details will only be disclosed (if permitted by law) after all Prizes have been awarded.
19. Personal data: Entrants acknowledge that any personal data of entrants processed in connection with the Competition will be processed in accordance with the Promoter’s Privacy Notice, which is available at https://thepointsguy.co.uk/privacy-policy/, and the supplementary processing notice set out at the end of these Rules.
20. Accessing these Rules: Any website on which these Rules are posted is only intended to be accessed from Great Britain and the Republic of Ireland and where permitted by law. The Promoter makes no representation that materials relating to the Competition are appropriate or available for use at other locations. Access to them from territories where their contents are illegal is strictly prohibited.
21. Severance and waiver: If any part of these Rules is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the rest of these Rules will not be affected. The Promoter’s failure to enforce any term of these Rules will not constitute a waiver of that provision.
22. Disputes: Subject to the “Law and Jurisdiction” section below, if there is a dispute about the Competition or these Rules, the Promoter’s decisions are final. If there is a dispute between these Rules and any other document referred to in these Rules, these Rules take precedence to the extent necessary to resolve the conflict.
23. Law and jurisdiction: The Competition and these Rules are governed by English law, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that residents of Scotland may also bring proceedings in the Scottish courts.
24. Contact: Enquiries about the Competition can be sent to the Promoter at: email@example.com.
Supplementary Processing Notice
The Promoter takes the protection of your personal data seriously. The Promoter’s privacy notice located at https://thepointsguy.co.uk/privacy-policy/ (“Privacy Notice”), together with this information that supplements the Privacy Notice, sets out how and why the Promoter (and other third parties on behalf of the Promoter) will process your personal data in connection with the Competition.
1. The Promoter is the controller in respect of any of your personal data that is processed in connection with the Competition.
2. The personal data collected includes your name and email address and, if you are a winner, any other personal data submitted in connection with the claim and use of your prize.
3. Note that if you are a winner, you will be required to provide your personal data to the relevant prize provider, in which case those prize providers will process your personal data as controllers in accordance with their own (and not the Promoter’s) privacy notices.
4. The Promoter will process, and permit the processing of, your personal data for the purposes described in the Competition Rules, including for the proper administration of the Competition, the award of prizes, limited publicity purposes, the fulfilment of the Promoter’s disclosure obligations under applicable self-regulatory advertising codes and record-keeping purposes.
5. It is in the Promoter’s legitimate interest to use your personal data as set out in the Competition Rules, this Supplementary Processing Notice and the website Privacy Notice to ensure the Competition is operated and administered properly, fairly and in accordance with the Rules.
6. The Promoter will retain your personal data only for as long as is necessary to administer the Competition, award the prizes and fulfil the other purposes described in the Competition Rules.
7. Data subjects have certain rights in relation to the use of their personal data, including: (i) to obtain copies of it; (ii) to have it corrected or deleted; (iii) to limit the way in which it is used; (iv) to object to its use; (v) to transfer it; (vi) not to be subject to decisions based on automated processing (including profiling); and (vii) to complain to the regulator, the UK Information Commissioner’s Office (“ICO”). To find out how to raise concerns with the regulator, see their website at https://ico.org.uk/concerns/ or call the helpline on 0303 123 1113. Please note that many data subject rights are not absolute and the extent to which they apply may vary depending on the circumstances and any exemptions that may apply.
8. To exercise data subject rights or to discuss any data processing concerns, please contact the Promoter by email at firstname.lastname@example.org.