Terms Of Use

WEBSITE TERMS OF USE

The Website is provided on an ""as is"" and ""as available"" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems, including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.

1. COPYRIGHT AND INTELLECTUAL PROPERTY

The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of EVERY HEALTH or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. Except as provided hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a licence or a right to use any such content of our Websites.

2. USE OF THE WEBSITES

You may download, display or print the content of our Websites solely for personal, noncommercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of EVERY HEALTH. EVERY HEALTH neither warrants, nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

3. REVIEWS

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the review throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

4. INFORMATION DEEMED NON-CONFIDENTIAL

Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Notice. EVERY HEALTH invites you to read such Privacy Notice carefully before providing us with any such personally identifying data and information. Any other information or material communicated to EVERY HEALTH through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary.

Anything you transmit or post becomes the property of EVERY HEALTH and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, EVERY HEALTH is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else. By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that EVERY HEALTH ’s use will not violate any third party’s rights.

EVERY HEALTH is under no obligation to use the information provided. Any advice or information, be it oral or written, obtained from EVERY HEALTH or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

5. LIMITATION OF LIABILITY

By accessing, using, browsing and navigating on our Websites: You warrant that: you are legally capable of entering into binding contracts; you are at least 18 years of age; the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.

You authorise us to transmit information and to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

You recognise and accept that, to the fullest extent permitted by applicable regulations, neither EVERY HEALTH, any of its affiliated companies, nor any other party involved in creating, producing or delivering the websites, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by EVERY HEALTH), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the websites or their content.

All materials which are downloaded or obtained by any other manner during the use of our websites are at your own risk and peril. EVERY HEALTH assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its websites or for any illegal intrusion or intervention in the it systems.

EVERY HEALTH reserves the right to interrupt or discontinue any or all the functionality of its websites. EVERY HEALTH accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its websites resulting from actions or omissions of EVERY HEALTH or any third party.

Every Health Profile Survey Sweepstake – October 2024

FULL TERMS AND CONDITIONS

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of the Terms and Conditions and by participating all entrants will be deemed to have accepted and be bound by the Terms and Conditions. Participants should retain a copy for their information.

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

1. Open to UK residents, aged 18 or over, excluding employees and their immediate families of the Promoter, its agents or anyone professionally connected to the promotion.

2. The promotion is open for entry from 01.10.2024 to 23:59 on 31.10.2024. The draw will take place within thirty-one (31) days of the closing date.

3. Maximum of one entry per person via using completion of the customer survey questions available on https://www.everyhealth.com/my-profile.list and by opting in to receive marketing communications for Every Health. Entries cannot be made via any other route. Only one entry will be included in the prize draw per person regardless of which route is used to enter.

4. HOW TO ENTER:

• Participants can enter directly through the landing page at https://www.everyhealth.com/my-profile.list.

• Participants must complete the survey found on https://www.everyhealth.com/my-profile.list in full and opt in to receive marketing communications from Every Health, if they have not already done so.

The winners will be the first entry drawn at random from all valid entries made via the dedicated landing page. The winner’s email address will be notified within thirty-one (31) days of the closing date. The winner will be contacted via email within 31 days of the closing date.

By participating entrants understand and agree to their answers and comments can be used for analytical purpose by Nestlé Entreprises SA, Business Growth Solutions Division.

• Answers must not infringe the copyright or other intellectual property rights of any third party. The Promoter reserves the right to remove any comments it deems to be:

i. Violent, negative or/and discriminative of any ethnic, racial, gender, religious, professional or age group, or be profane or obscene;

ii. Promote or be about the use of illegal drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous, or any particular political agenda or message;

iii. Be offensive or be about hate;

iv. Defame, misrepresent or contain negative remarks about the Promoter or its products, other people, products or companies;

v. Contain trademarks owned by others or advertise or promote any brand or product of any kind, without permission;

vi. Contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples") without permission;

vii. Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission;

viii. Communicate messages or images inconsistent with the positive images and/or goodwill to which the Promoter wishes to associate;

ix. Depict, and cannot itself be in, violation of any law.

5. The Promoter reserves the right at its sole and absolute discretion to immediately and permanently remove any answers that are off topic, or it deems to be distasteful, degrading or will in any way cause offence. Answers should not mention or tag another person except where the entrant has obtained express permission to publicly share that person’s name.

6. The Promoter reserves the right to remove any entrant from the prize draw whose answers it deems to be offensive, or it believes may cause offence to other participants.

7. The Promoter reserves the right at its sole discretion to disqualify any individual found to be attempting to tamper with the operation of the promotion, setting up multiple accounts, using multiple identities 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. Entry into the prize draw will be automatic upon completion of the survey via the dedicated landing page https://www.everyhealth.com/my-profile.list as outline in Clause 4 above. No other entry method will be available.

9. No responsibility will be accepted for entries which are incomplete, incorrectly completed, not received for whatever reason or for any technical or other error that may arise with any entry.

10. There is (1) prize available to be won consisting of £200 Every Health credit. The prize can be claimed via the Every Health webshop only. The winner will be required to have, or set up an account (if they do not already have one) in order to claim their prize.

11. Bulk, trade, agencies or third party or automated entries are not permitted and will be disqualified.

12. The winner will be drawn at random via an independently verified computer program from all valid and genuine entries received by the above closing date.

13. If the winner cannot be contacted within thirty one (31) days of original notification and after three attempts, or is unable to take the prize, their prize entitlement shall be withdrawn, and the prize will be awarded to a reserve winner selected at the time of the initial prize winner. If the reserve winner does not respond within 28 days of being notified and after three attempts, the prize entitlement will be withdrawn, and the prize removed from the promotion.

14. On completion of the validation process, the prize will be sent within seven (7) days to the winners in the form of account credit via the Every Health webshop only. The Prizes are as stated. No cash alternative will be offered. The Promoter reserves the right to substitute the prize, should the stated item become unavailable for any reason, with an alternative of equal or greater value.

15. The Promoter reserves the right to verify all entries and the winner including, but not limited to, any entrant’s identity, and to refuse to award a prize or withdraw prize entitlement or refuse further participation in the promotion where there are reasonable grounds to believe there has been a breach of these Terms and Conditions, 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. The Promoter will be the final arbiter in any decision, and these will be binding.

16. By completing the survey found at https://www.everyhealth.com/my-profile.list, participants grant the Promoter, its associated companies, and agents permission to use the entry in any way (in whole or in part) for all commercial, advertising and/or promotional purposes in perpetuity throughout the world and in any media, including without limitation on packaging, advertisements and/or the internet and you agree to waive any moral rights to such works.

17. By taking part in the promotion, winners agree that the Promoter may contact them to ask whether they want to participate in publicity relating to the promotion.

18. Winner’s List: Subject to the Promoter’s Privacy Policy which can be found at https://www.everyhealth.com/privacy-policy.list, the surname and county of the verified winner will be available upon request by sending an email to: consumer.services@uk.nestle.com with the subject line: ‘WINNER’S LIST: Every Health £200 sweepstake (October 2024)’ for a period of three months following the end of the promotion. The Promoter reserves the right to refuse any or all such requests. When contacting this email address, your request will be actioned in line with Nestlé’s Privacy Policy. 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: ‘WINNER’S LIST: Every Health £200 sweepstake (October 2024))’.

19. Data Protection: 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 and you have opted-in to receive future marketing communications or prize PR. As part of this promotion, if you are not opted-in into our general marketing email, you will still receive emails for this promotion only to let you know if you have won. The surname and county of the verified winner will be made available as set out in paragraph 18 above and the winner 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). Click here for the Promoter’s Privacy Policy: https://www.everyhealth.com/privacy-policy.list. You can request access to your personal data, or have any inaccuracies rectified, or request deletion of 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.

20. Limitations of Liability: Neither the Promoter nor the promotional parties assume any responsibility or liability for:

a. Any incorrect or inaccurate submission during the registration process, or for any faulty or failed electronic data transmissions.

b. Any unauthorised access to, or theft, destruction, or alteration of entry at any point in the operation of this Promotion. Communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Promotion.

c. Inaccessibility or unavailability of the internet, the official website, Instagram, or any combination thereof.

21. Regretfully, the Promoter cannot be held liable for system failures on the website.

22. Conduct of Entry: Entrants of the Promotion agree to be bound by these Terms and Conditions. The Promoter reserves the right at its sole discretion to remove any entry by an individual found to be tampering with 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.

22. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants accept and understand that they are providing their information to the Promoter, and that Instagram have liability for any element of this promotion. Furthermore, any questions, comments or complaints regarding the promotion will be directed to the Promoter only.

23. Any person posting, or seen to be posting, comments to the ‘PurinaUKI’ social media pages or elsewhere during the promotion that are considered bullying, spiteful or upsetting to other participants, fans of ‘Purina’ or directly aimed at the Promoter, will have their comments removed and will be disqualified from the promotion. The Promoter reserves the right to alert Instagram to any such behaviour, which may result in the person’s account being frozen pending investigation.

24. Privacy Policy. As the promotion is run using Instagram, their privacy policies will apply. See above for the Promoter’s Privacy policy.

25. To ensure fairness and the integrity of the promotion to all participants, the Promoter will not enter into discussions regarding the running of this promotion via social media but will respond to questions via consumer.services@uk.nestle.com.

26. If any of these clauses should be determined to be 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.

27. If, for any reason, any aspect of this promotion is not capable of running as planned, including by reason of infection by computer 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 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.

28. The promotion and these Terms and Conditions will be governed by the laws of England and Wales but any disputes as to the meaning of these Terms and Conditions will be subject to the exclusive jurisdiction of the participants’ local courts.

29. The Promoter reserves the right to withdraw or amend this promotion in the event of any unforeseen circumstances outside its reasonable control but will use all reasonable endeavours to minimise the effect to participants to avoid undue disappointment.

30. In the event of circumstances outside the reasonable control of the Promoter, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this promotion, and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these Terms and Conditions, at any stage, but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.

Promoter: Nestlé S.A., Avenue Nestlé 55, 1800 Vevey, Switzerland,

® Reg. Trademark of Société des Produits Nestlé S.A.