Terms and Conditions for the M&S Prize Draw

The promoter of the prize draw is AXA PPP healthcare Group Limited (registered number 03148346), whose registered office is at 5 Old Broad Street, London EC2N 1AD, (“we” “us” or the “Promoter”). The Promoter is the service company to AXA PPP healthcare Limited (registered number 03148119), both of which are part of the AXA Group. “AXA Group” means AXA UK plc (registered number 02937724) and its subsidiary companies, any holding company of AXA UK Plc and any subsidiary companies of such holding company, as such terms are defined in section 1159 of the Companies Act 2006.

1. The Promoter shall lead and administer the prize draw.

2. The prize draw is only available to members who receive the “We’re missing your email address” communication from AXA PPP healthcare Limited (“Eligible Persons” and each an “Eligible Person”). The Promoter reserves the right to verify the eligibility of all entrants and has the right to reject any entries that appear to be duplicates, materially incorrect or fraudulent. The prize draw is not available to employees of any companies within the AXA Group or their associates, affiliated or subsidiary companies, or their families, agents, appointed representatives or anyone connected or involved in the administration of the prize draw.

3. The prize draw will commence at 09:00 (GMT) on 15 May 2020 and close at 10:00 (GMT) on 15 May 2020 (the “Prize Draw Period”).  Entries received before or after the Prize Draw Period will not be eligible for participation in the prize draw.

4. To enter this prize draw, you must update your email address by sending us the completed Freepost form attached with your “We’re missing your email address” communication, or by updating online at www.axappp.co.uk/email during the Prize Draw Period.

5. Entries are limited to one entry per Eligible Person.

6. You will be automatically entered into the prize draw when you provide us with your updated email address.

7. There will be five (5) winners who will be selected by way of random draw by the Promoter on 15 May between 09:00 (GMT) and 17:00 (GMT), from all eligible entries received in accordance with these terms and conditions (the “Winner”). The Promoter’s decision shall be final and legally binding on all entrants.

8. The Winners shall receive one prize comprising of a £100 M&S gift card (the “Prize”).

9. The Promoter shall contact the Winners by post within 14 (fourteen) days of the end of the Prize Draw Period to notify them that they have won and there is no need for the Winner to respond to this notification letter.

10. The Promoter is not responsible if the Winner is unable to accept the Prize for any reason whatsoever and no alternative prizes will be offered. You will not be notified if you do not win the prize draw.

11. The Promoter will arrange for the Prize to be delivered by special delivery at the Promoter’s expense to the Winner at the postal address that we hold for them have on our system no later than 14 days after the Prize Draw Period. 

12. The prize draw is free to enter and no purchase is necessary.

13. By participating in the prize draw, you agree to be fully bound by these terms and conditions and those of any relevant third party and by any other requirements set out in any related promotional material. In the event of a conflict, these terms and conditions take precedence. If you do not comply with these terms and conditions, your participation in the prize draw will be revoked and you will be disqualified.

14. The Promoter reserves the right to substitute the Prize for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control. There will be no cash alternative.

15. The Promoter reserves the right to withdraw or amend the prize draw at any time without notice. The Promoter also reserves the right to delay or postpone the prize draw at its sole and absolute discretion.

16. You agree that once the Prize is delivered to you in accordance with paragraph [11] above, you are subject to the Marks & Spencer’s applicable terms and conditions.

17. By taking part in the prize draw, you agree that the Promoter is not liable for any loss, damage or personal injury whatsoever suffered or sustained by you in connection with the prize draw (including but not limited to direct, indirect or consequential losses, loss of profit, income or goodwill), the use of any prize, or any act or omission (whether negligent or not) of the Promoter or its affiliates, save for any liability which cannot be excluded by law (including fraud, gross negligence or for death or personal injury caused by the Promoter’s or its affiliates’ negligence).

18. If any of these clauses should be determined to be illegal, 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.

19. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes arising from these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Data Protection

1. “Personal data” and “processing” shall have the meanings set out in the General Data Protection Regulation (“GDPR”). Any reference to personal data includes a reference to sensitive personal data, as applicable, whereby sensitive personal data means personal data that incorporates such categories of data as are listed in Article 9(1) of the GDPR.

2. By entering the prize draw, the entrants agree that the Promoter may collect personal data from the entrants, including for the avoidance of doubt, their names, emails and Facebook account details and consent to the use of their personal information for the purposes specified in these terms and conditions.

3. Each entrant agrees that the Promoter may only use their personal data in connection with the prize draw for the following purposes:
   a. to administer the prize draw in accordance with these terms and conditions; and
   b. to notify the Winner that they have won the prize draw.
Personal data of each entrant shall not be used by the Promoter for any other purpose other than those listed above.  We will not use your personal data to contact you about AXA Group products or services.  

4. Personal data shall be destroyed and/or deleted after the prize draw unless otherwise agreed between the Promoter and the entrant.

5. You can withdraw your entry for the prize draw at any time by writing to the Promoter at AXA PPP healthcare Group Limited, Phillips House, Crescent Road, Tunbridge Wells, Kent TN1 2PL.

6. You can change your mind and/or request for your personal data to be destroyed and/or deleted at any time by writing to the Intermediary and Corporate Marketing Team at AXA PPP healthcare Limited, 5 Old Broad Street, London, EC2N 1AD.

7. The Promoter shall comply with its obligations under (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the processing of personal data to which a party is subject, including the Data Protection Act 2018 and the GDPR or, in the event that the UK leaves the European Union, all legislation enacted in the UK in respect of the protection of personal data; and (b) any code of practice or guidance published by the relevant regulatory body from time to time.