Terms & Conditions

Website Terms & Conditions

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Terms and Conditions relating to Merchant Gourmet British Asparagus Social Media Competition 20th May 2020

Terms and Conditions relating to Merchant Gourmet’s Instagram Competition. The promoter of Merchant Gourmet Instagram Competition (“Prize Draw”) is Merchant Gourmet, 2 Rollins Street, South Bermondsey, London SE15 1EW (“Promoter”).

  1. Eligibility

1.1. This Prize Draw is open to individuals in the UK only. Entrants must be over the age of 18. Employees of the Promoter or any associated company and their immediate family, or anyone else involved in the organization of the Prize Draw, may not enter the Prize Draw. Entrants will require access to the internet to enter the Prize Draw and must have their own active personal Instagram account.

  1. How to enter

2.1. To enter the Prize Draw entrants must like the competition post, follow @MerchantGourmet and British Asparagus. Entries must be made between 12:00pm (GMT) on 20/05/20 and 00:00am (GMT) on 00:00 25/05/20 (“Prize Draw”) to be valid. Entries received after the end of the Prize Draw Period will not be valid. No bulk, third party or automated entries are permitted. All entrants (including the winners) must comply with any reasonable directions given to him or her by the Promoter regarding the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.

  1. Winner selection and contact

3.1. 5 winners will be selected at random at the end of the Prize Draw Period. At the end of the Prize Draw Period, the Promoter @MerchantGourmet will contact the winner via Instagram direct message on the @MerchantGourmet post and British Asparagus will contact the winner via Instagram direct message on the @EnjoyAsparagus post. One winner per brand post

3.2. The prize consists of a Merchant Gourmet and British Asparagus bundle, 3 bunches of British Asparagus and 5 pouches of Merchant Gourmet products.

  1. Winner publicity

6.1. The Promoter reserves the right to publish each Winner’s name and Entry on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at www.merchant-gourmet.com.

  1. Entry requirements

7.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.

  1. By submitting an Entry:

8.1. you license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability; you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;

8.2. you acknowledge that third parties will have access to and will be able to republish your Entry in accordance with the terms of use of the social media platform through which your Entry is submitted.

  1. Liability

9.1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for: a) any Prize that is not redeemed; b) any personal property; c) any loss of enjoyment or wasted expenditure; d) any system failures or malfunctions of any third party websites; e) any incomplete, lost, delayed or late Entries; f) any failure to fulfil obligations of any third parties involved in this Prize Draw;

  1. General

10.1. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter through its Instagram accounts. By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.

10.2 Any person who provides their Details to the Promoter in connection with this Prize Draw accepts: a) these Terms and Conditions and the use of their personal data by the Promoter: b) for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and any other purpose for which they have consented.

10.3. Without prejudice to clause 6.1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.

10.4. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.



The promoter of this Promotion is Merchant Gourmet Limited of 227-255 Ilderton Street London SE15 1NS (the “Promoter”).

By entering the Promotion, you agree to be bound by these terms and conditions (these “Terms and Conditions”).  Completing and submitting the online entry form will also be deemed as acceptance of these Terms and Conditions.  Promotional materials relating to the Promotion, including all information on how to enter the Promotion published by the Promoter (including on social media if applicable) or on the Promoter’s websites, also form part of these Terms and Conditions.  In the event of any conflict between any terms referred to in such promotional materials and these Terms and Conditions, these Terms and Conditions take precedence.

Participation in the Promotion

The Promotion is open to residents of the United Kingdom and Republic of Ireland aged 14 or over only, except employees and agents of the Promoter and anyone otherwise connected with the operation or fulfilment of the Promotion (including third party sponsors or promotional partners) and their respective associated, affiliated or subsidiary companies, and the immediate families and household members of all such employees and agents.

The Promotion starts at 05:00 pm (UK time) on 20 May 2020 and closes at 09:00 am (UK time) on 1June 2020 (the “Promotion Period”). Any entries received outside the Promotion Period will be void.

Participants may make a maximum of 1 entry per person during the Promotion Period.

To enter you must complete and submit the entry form and survey available at MailChimp during the Promotion Period only. Entries received which are not submitted via the official entry method will not be accepted. Use of script, macro or any automated system to enter the Promotion is prohibited and entries made (or which appear to have been made) using any such system may be treated as void.  Any illegible, incomplete or fraudulent entries will be rejected.

Participants should be aware that they may be subject to data charges depending on their own individual arrangements for internet access if they enter the Promotion online or by email.

Winners and Prizes

There will be 1 individual winner winning one Panasonic NN-ST48KSBPQ Solo Inverter Microwave Oven.

The winners will be selected at random from all valid entries for this Promotion received during the Promotion Period. There will be no prizes for any other entrants.

Prizes are as stated and are non-exchangeable and non-transferable.  There is no cash or other alternative to the prize in whole or in part. Winners under the age of 18 years must be accompanied by an adult. No-one under the age of 14 years will be admitted to the Event.

Panasonic has no involvement in this competition other than being purchased by promoter

In the event that, for reasons beyond the Promoter’s reasonable control the Promoter is unable to award the prize as described in these Terms and Conditions, the Promoter reserves the right to award a prize of a similar nature and an equivalent value, or at its sole discretion, the cash value of the prize.  The Promoter also reserves the right to award a prize of a similar nature and an equivalent value, or at its sole discretion, the cash value of the prize if in its reasonable discretion it is appropriate to do so.

Winner Announcement and claiming of prize

Winners will be notified by phone or using the other contact details provided to the Promoter by 1 June 2020. All reasonable endeavours will be made to contact the winners prior to 12:00pm 5 June 2020.  If a winner cannot be contacted or is not available, the Promoter reserves the right to re-draw another winner from the valid/correct entries that were received during the Promotion Period. Winners may be required to submit valid identification including age verification documentation before receiving their prize.

Winners will be required to confirm acceptance of the applicable prize by 12:00pm 5 June 2020. If the winner has not claimed their prize by the date specified or the winner refuses or is unable to provide an eligible postal address for receipt of their prize, the Promoter reserves the right to award the prize to another participant. In the event that the prize is awarded to another participant in a redraw they will have 48 hours to claim their prize and provide an eligible postal address for receipt of their prize. If they are unable or refuse to do this the promoter reserves the right to withdraw the prize and allocate the places via any other chosen means.

The prize will be delivered within a reasonable time and by no later than 10 days after the prize has been accepted.

For a list of winners please send a stamped self-addressed envelope by no later than 28 days after the end of the Promotion Period to 227-255 Ilderton Street, London, SE15 1NS stating for which Promotion you would like winners’ details for.

Data Protection and Publicity

The Promoter will collect and process participants’ personal information and it will be shared with the Promoter’s agents, affiliates and, if applicable, any third party prize provider. Information provided by participants will only be used for the purpose of conducting this Promotion (including for prizes to be delivered) and other purposes as may be specified at the time of entry or on promotional materials. Personal information will be held in accordance with the applicable privacy policy in place from time to time (see https://www.merchant-gourmet.com/privacy-policy/)

By entering, participants agree to allow the free use of their names, photographs and general locations for publicity purposes if they are the winner of the Promotion, both during this and future promotions by the Promoter or any of its associated or subsidiary companies.


The Promoter’s decision is final and binding on the entrants. No correspondence will be entered into.

If participants do not provide any of the mandatory information requested when participating in the Promotion, their entry will be void.

The Promoter reserves the right to require the participants to prove that they are eligible. If a winner is found to be ineligible, the Promoter reserves the right to award their prize to another participant and to require the return of any prize already awarded.

The provision of the prize does not imply endorsement by the Promoter or other third parties concerned in any way with the Promotion. Any complaints or queries relating to the use of the prize should be directed to the Promoter.

Entrants must not do anything illegal and/or dangerous and/or that would put themselves or others at any risk.  Save where it has been negligent, the Promoter will not be responsible for any damage, loss or injury resulting from participants’ entry into the Promotion or their acceptance and/or use of the prize, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit participant’s ability to participate in the Promotion.  The Promoter will not be responsible for any lost, damaged, delayed, defaced, incomplete, illegible or otherwise unreadable entries. Proof of making a phone call, sending an entry by post, email or text, is not proof of receipt by the Promoter of any entries.  Nothing in these Terms and Conditions shall in any way limit the Promoter’s liability for death or personal injury caused by its negligence or for any other matter where liability may not be limited as a matter of law.

The Promoter reserves the right at any time to cancel, modify or supersede the Promotion (including altering prizes) if, in its sole discretion, the Promotion is not capable of being conducted as specified. In the event of a printing or other error resulting in there being more winners than prizes for the Promotion, the Promoter reserves the right to (a) declare as void any claims or entries resulting from such printing or other error; and/or (b) allocate the available prize(s) through a further draw or to divide the prize(s) or the value of the prize(s) between the winners of the Promotion.

Any participant who enters or attempts to enter the Promotion in a manner, which in the Promoter’s reasonable opinion is contrary to these Terms and Conditions or by its nature is unjust to other entrants (including tampering with the operation of the Promotion, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other participants or the Promoter and/or any of its agents or representatives) may be rejected from the Promotion at the Promoter’s sole discretion. Furthermore, where such actions have significantly impaired the Promotion, the Promoter may, at its sole discretion, add further stages to the Promotion as it deems reasonably necessary in order to resolve any problems arising from such actions.

The Promoter reserves the right to amend these Terms and Conditions. Any amendments will be published on the Promoter’s website (the “Website”).

These Terms and Conditions are governed by English law. The courts of England and Wales shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Promotion or these Terms and Conditions.