Terms and ConditionsAimia Foods Limited - Love the taste or your money backThese are the terms and conditions (the "Terms") for the Love the taste or your money back promotion.These Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry and claim instructions form part of the Terms and by participating, all Claimants accept and agree to be bound by the Terms. Please retain a copy for your information.1. THE PROMOTERThe promoter is Aimia Foods Limited, a company incorporated in England and Wales with company number 01542173 and registered address of Penny Lane, Haydock, Merseyside, WA11 0QZ, England (the “Promoter”).2. HOW TO ENTERThe promotion will begin at 00:01 12.06.2023 and close at 23:59 31.12.2023 (the “Promotional Period”). Final date for receipt of claims is 31.12.2023. Any claim received outside these dates will not be refunded.3. ELIGIBILITY3.1 This promotion is open to residents of the United Kingdom (England, Scotland, Wales and Northern Ireland) who are aged 18 years and over except:employees of the Promoter or its holding or subsidiary companies;employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the promotion or its administration; ormembers of the immediate families or households of (a) or (b).3.2 All eligible claimants (“Claimants”) must retain the original pack and receipt for the product for which a refund is being claimed.3.3 Refund claims must be made through horlickshappy.co.uk and therefore internet access is required to make a claim as part of this promotion.3.4 Only one refund claim may be made per household, and you must make your claim using your full legal name.4. CLAIM INSTRUCTIONS4.1 To request your money back visit: horlickshappy.co.uk and fill out your full name, email address, postal address, and a short statement (minimum 15 words) as to why you did not love the taste of Horlicks.4.2 You will be required to choose between PayPal and BACS payment in accordance with Clause 4.7.4.3 You must upload a picture of the original legible till receipt listing the purchase of the Horlicks product and promotional pack clearly showing the purchase of the promotional pack that you wish to claim a refund of during the Promotional Period.4.4 All claims will be verified for eligibility by the Promoter and Claimants will be notified via the email address provided whether their claim has been successful or has been declined.4.5 The maximum claim value is the price paid as per the receipt submitted and, in any case, no higher than the Maximum Refund Values listed in Clause 5.1 below.4.6 Where a promotional product is purchased as part of an offer or a meal deal and it is not clear what proportion of the overall price paid is attributable to the promotional product, Claimants are able to claim the price of the promotional product as stated on the receipt submitted (up to the Maximum Refund Value in Clause 5.1).4.7 Claims will be paid (at the Claimant’s choice) by:PayPal made payable to the person named on the claim; orVia BACS – you will need to provide the following informationName of bankAccount numberSort codePayPal/BACS payment will be processed within 28 days of claims being received and the completion of any verification process.The Promoter is not responsible for incorrect payments where the details provided were incorrect. Payments cannot be reversed once they have been processed. No replacement or additional payments will be made.4.8 It is the responsibility of the Claimant to provide correct, up-to-date details when participating in the promotion. The Promoter cannot be held responsible for Claimants failing to supply accurate information which affects their claim.5. CLAIM VALIDITY AND MAXIMUM REFUND VALUES5.1 The specific products which a claim can be made for, and the Maximum Refund Values that will be paid for successful claims are as follows:Product DescriptionMaximum Refund ValueHorlicks Original Malt 400g£3.75Horlicks Instant Malt 400g£3.75Horlicks Chocolate Malt 400g£3.755.2 For the avoidance of doubt, if more than one claim is received from the same address, all any claims from the address will be disqualified at the Promoter’s discretion. Claims (bulk or otherwise) made from trade, consumer groups or third parties will not be accepted.5.3 The Promoter will not accept promotion entries that are:automatically generated by a computer;incomplete;illegible, have been altered, reconstructed, forged or tampered with;made by third parties, syndicates or in bulk;on behalf of another person or using another person’s name; orjoint submissions.5.4 Proof of sending will not be accepted as proof of delivery. The Promoter takes no responsibility for entries delayed, incomplete or lost due to technical reasons or otherwise.5.5 Where a Claimant (i) has not complied with these Terms fully; or (ii) has been found to be in breach of any of the Terms of this promotion and in particular where a Claimant is in breach of any entry restrictions, the Promoter may enforce its right to disqualify that Claimant and require the return or reimbursement to the Promoter of the full amount of any refund, even where a refund has already been awarded and/or actually provided to the Claimant.6. DATA PROTECTION6.1 The Promoter will only process your personal data in accordance with the relevant data protection laws (including the General Data Protection Regulation (EU) 2016/679, as implemented into UK law and the Data Protection Act 2018) and as set out in the Promoter’s privacy notice which is available at https://www.horlicks.co.uk/policies/privacy-policy.7. LIMITATION OF LIABILITY7.1 We are liable (i.e. responsible) to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our failing to use reasonable care and skill. However, subject to the foregoing:we are not responsible for late, incomplete, incorrectly submitted, corrupted or misdirected claims or correspondence whether due to error, omission (i.e. failure), alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.we are not responsible for any loss or damage that is not foreseeable. Loss or damage is 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;we are not responsible for any pre-existing faults or damage or for any loss or damage which you could have avoided by following our advice or instructions;we are not responsible for business losses. This promotion is provided for domestic and private use only. If you intend to use the promotion 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; andwe cannot guarantee the performance of any third party and shall not be responsible for any act or default by a third party.7.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (i.e. if we fail to take reasonable care or exercise reasonable skill in the performance of our obligations under these Terms) or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation (i.e. if we deliberately tell you something that is untrue, which you then reasonably rely on).8. GENERAL8.1 The Promoter reserves the right to request proof of a Claimant’s identity in the form of a passport or driver’s license, and/or proof of a Claimant’s address information provided at time of entry in the form of a utility bill. The Promoter also reserves the right to request such other documentation as the Promoter may reasonably consider necessary.8.2 The Promoter is not responsible for delays outside its control (whether caused, for example by inclement weather, fire, flood or other natural disaster, accident, trade dispute, government action, epidemic, pandemic including but not limited to COVID-19, disruptions to transport, governmental measures taken in relation to COVID-19, or any other reason beyond its control).8.3 If for any reason any aspect of this promotion is not capable of running as planned due to events outside of the Promoter’s control, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries (this includes, without limitation, by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion).8.4 If any provision or part of these Terms is determined to be illegal, invalid, void or otherwise unenforceable in law then that provision or part shall be severed and deleted from these Terms and the remainder of these terms shall remain in full force and effect.8.5 These Terms shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.8.6 If you live in Wales, Scotalnd or Northern Ireland, you can bring legal proceedings in your local courts (as applicable) or the English courts.
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