Terms and Conditions of the ‘Fernox Black Friday Giveaway’ prize draw

THE PROMOTER AND THE GIVEAWAY

1. The title of the giveaway is “Fernox Black Friday Giveaway” (the “Giveaway”)
2. These are the terms and conditions that will apply to your entry into the Giveaway. Please read them carefully before you enter the Giveaway. By entering the Giveaway, you will be deemed to have accepted these terms and conditions and agreed to be bound by them.
3. The company Fernox Limited (Company Number 00208173), whose registered office is at Unit 2, Genesis Business Park, Albert Drive, Sheerwater, Woking, Surrey GU21 5RW (“Fernox” or “Promoter”) is the sponsor of the Giveaway.
4. The Giveaway is not sponsored, endorsed or administered by, or associated with Instagram and participants agree that they will make no claim against Instagram in respect of it.
5. The aim of the Giveaway is to Celebrate Fernox’s 60^th anniversary.
6. Please send an email to marketing@fernox.com for a copy of these Giveaway terms and conditions.

OPENING AND CLOSING DATES

1. The Giveaway will run from 00:01 PT on Friday 22^nd November 2024 (the “Opening Date”) until 00:00 hours PT on Friday 29^th November 2024 (the “Closing Date”) both inclusive (the “Promotional Period”).
2. Entries received outside the Promotional Period will not be counted or accepted.

ELIGIBILITY

1. The Giveaway is open to anyone other than the Excluded Participants set forth in Eligibility section 2 below) that complies with the following requirements:
   • Resides at a physical address (P.O. Box not eligible) within the United States or Canada during the Promotional Period;
   • Is aged 18 or over; and
   • Has an Instagram account.
2. The following individuals shall not be eligible to participate in the Giveaway (the “Excluded Participants”):
   • Employees of the Promoter or its affiliated companies;
   • Employees of agents or suppliers of the Promoter or its affiliated companies, who are professionally connected with the Giveaway or its administration; and
   • Members of the immediate families or households of the foregoing.
3. In entering the Giveaway, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the Giveaway and may disqualify you if you are unable to provide such proof on request. The Promoter may also disqualify any entrant from the Giveaway that does not comply with these terms and conditions and specifically, who enters (or is suspected to enter) the Giveaway fraudulently or dishonestly including (but not limited to), through the manipulation of codes, multiple computer-generated entries or entries that have been altered, reconstructed, forged or tampered with.
4. The Promoter reserves the right, in its absolute discretion, to verify those that qualify for the promotion.

HOW TO ENTER

1. The Giveaway is free to enter and no purchase is necessary.
2. To enter the Giveaway:
   • Participants must comment on the relevant Giveaway social post on one of the following Fernox social media channels: Instagram
   • Participants must tag three accounts when they comment on the post.
3. Each posted comment complying with the requirements in How to Enter Section 2 above, will give an additional chance to win to the Participant. Participants may insert several comments to increase their chances to win the prize. Participants may also share the post on their stories ONCE to increase their chances to win the prize.
4. The Promoter accepts no responsibility for entries not successfully completed, including issues related to technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.

MECHANICS OF THE GIVEAWAY AND PRIZE

1. At the end of the Promotional Period one (1) winner will be chosen by random drawer for each social media Giveaway, using the tool Wheel of Names on Monday 2nd December 2024 (“Draw Date”).

THE PRIZE

1. The prize will be 60^th Anniversary Giveaway Kit (the “Prize”) which consists of a Fernox TF1 Omega Filter, 1 x Fernox Protector F1 Express, 1 x Fernox Cleaner F3 Express and a Fernox beanie hat.
2. There is one(1) Prize in total.
3. The Prizes are provided and supplied by Promoter.
4. The Promoter reserves the right to replace the Prize with an alternative prize of equal or higher value if circumstances beyond the Promoter’s reasonable control make it necessary to do so. The total Prize value shall not exceed $200.
5. The Prize is not negotiable and cannot be exchanged or transferred and no cash alternative is offered.

WINNERS

1. The decision of the Promoter is final, and no correspondence or discussion will be entered into regarding the selection of winners.
2. The winners will be contacted in the first instance via Direct Message on the relevant social media channel between Monday 2^nd December and 2024 and Monday 9^th December2024 “Announcement Date”. To claim the prize, winners must email marketing@fernox.com with their name, email address and postal address.
3. The Promoter will make reasonable efforts to contact the winner. If the winner cannot be reached within 14 of days of the Announcement Date, then the winner’s Prize will be forfeited and the Promoter reserves the right to offer the Prize in accordance with the process described above.
4. Prizes will be shipped to a winner’s provided delivery address by Monday 23^rd December. 
5. The Promoter and its affiliates do not accept any responsibility if you are not able to take up the Prize or accept delivery of the Prize at the delivery address provided.
6. The Promoter and its affiliates accept no liability for any losses resulting from the provision of incorrect contact or address details provided by the winners.
7. The Promoter shall either publish, or make available upon request, information that indicates that a valid award took place. To comply with this obligation, the Promoter will send the last name and state of the winners and, if applicable copies of their winning entries, to anyone who emails marketing@fernox.com or writes to Fernox, Unit 2, Genesis Business Park, Albert Drive, Sheerwater, Woking, Surrey, GU21 5RW (enclosing a self-addressed envelope) within one month after the Draw Date. If you object to any or all of your last name, state and winning entry being published or made available, please contact the Promoter marketing@fernox.com. In such circumstances, the Promoter may still provide the information and winning entry to satisfy any state or federal requirements.
8. All winners are responsible for reporting the value of the Prize received in their tax returns if required by any federal, state, or local tax code.  Winner understands and agrees that (a) Promoter is not providing any tax, accounting or legal advice regarding tax obligations or consequences arising from or related to this Giveaway, and (b) Winner assumes sole liability and responsibility for any federal, state and/or local tax obligations or consequences that may arise from or relate to this Giveaway.

LIMITATION OF LIABILITY

1. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
2. Neither Promoter, its affiliates, nor any other person or party associated with the Giveaway shall be liable for any loss or damage whatsoever suffered (including, but not limited to, indirect or consequential loss or damage) or personal injury suffered or sustained or death in connection with either participation in the promotion or with the prizes offered.

DATA PROTECTION

1. Personal data supplied during the Giveaway will only be processed in accordance with the Promoter’s privacy notices: Privacy Policy – UK (fernox.com) or Website Privacy Policy | Element Solutions Inc (ESI) . See also section 7 with regard to the announcement of winners.

GENERAL

1. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to refuse entry, or refuse to award the Prize to anyone in breach of these terms and conditions.
2. The Promoter may suspend, cancel, or amend the Giveaway where it becomes necessary to do so and will notify you of the same. Participants will be deemed to agree that no liability shall attach to Promoter or its affiliates as a result of any withdrawal, amendment or alteration (except where it is at fault).
3. The Promoter reserves the right to amend or alter these terms and conditions to reflect minor changes that do not affect the nature of this Giveaway or your consumer rights, (for example changes that reflect relevant laws and regulatory requirements). Where we make more material changes during the Giveaway, we will notify you of the changes we make.
4. These terms and conditions and this Giveaway are governed by the laws of the State of Connecticut, and wherever you live you can bring claims against us in the U.S. state and/or federal courts. If you live in Canada, you can also bring claims against us in the Canadian courts. We can file claims against you in the appropriate courts of the country you live in.
5. As a consumer, you will benefit from any mandatory provisions of the law of the state and/or country in which you are resident. Nothing in these terms and conditions, including this section, affects your rights as a consumer to rely on such mandatory provisions of local law.