Terms and Conditions

IMPORTANT

Please read these terms and conditions (the 'Terms') before using the Sensational Drinks website www.sensationaldrinks.com (the 'Website'). The Website is operated by Ltd. registered in England with company number 05604923 and whose registered office is at Breakspear Park, Breakspear Way, Hemel Hempstead, Hertfordshire, HP2 4TZ or its subsidiaries. The Website is for the promotion of our products. By using the Website, you signify your acceptance of the Terms in consideration of which Britvic PLC provides you with access. Britvic PLC may occasionally modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. Britvic PLC may occasionally run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.

NO RELIANCE

While Britvic PLC has endeavoured to ensure the accuracy of the information accessed via the Website, Britvic PLC. does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.

LINKS TO THE WEBSITE

Websites or pages to which the Website is linked are for information only and have not been reviewed by Britvic PLC. Britvic PLC has no responsibility for the content of the websites or pages linked or linking to this website, and Britvic PLC accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by Britvic PLC and content owned or controlled by third parties and licensed to Britvic PLC. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website. You may not use any of Britvic PLC's trademarks or trade names without Britvic PLC's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

PERMISSIONS

If you would like information about obtaining Britvic PLC’s permission to use any of the Content or if you would like to link your website to the Website, write to: Breakspear Park Breakspear Way, Hemel Hempstead, Hertfordshire, HP2 4TZ, marking it ‘Britvic PLC’s website’. (UK only)

USER GENERATED CONTENT

Any use of any content on this website, including, without limitation, content generated by you, will be at your own risk. By submitting this content to the site you automatically give your permission for this content to be used by Britvic and remove your rights to the content.

REGISTRATION

Upon registration trade retailers in GB are entitled to one of each promotional kit/glassware/point of sale, up to a maximum value of £25 per kit. The available kits will be updated every quarter.  Valid email address must be provided and Registrar must be 18+. Orders will be void if incomplete or fraudulently obtained. All claims are subject to verification.

Kits, glassware and point of sale will be allocated on a first come first served basis. There are limited quantities available. Orders will be confirmed via email once placed on www.sensationaldrinks.com. Orders will have 3 delivery attempts and if all 3 fail, the recipient will not be able to re order. The Promoter does not accept any responsibility in the event that POS is not used.

Kits, glassware and POS are not transferable and there is no cash alternative. You are not permitted to sell the kits, glassware or POS, these are for your own commercial use only. Britvic reserves the right to replace the POS with an alternative of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.

NO WARRANTY

The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Britvic PLC further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. Britvic PLC does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Britvic PLC is not liable for any damage you may suffer as a result of such destructive features. Britvic PLC shall not be held responsible for Content provided by third parties. Britvic PLC is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website. These Terms do not affect your statutory rights or your legal rights as a consumer.

LIMITATION OF LIABILITY

You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content, your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from Britvic PLC’s negligence, in no event will Britvic PLC be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind, whether based on warranty, contract, tort (including negligence) or otherwise, even if Britvic PLC has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

LOCAL LAWS AND REGULATIONS

The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. Britvic PLC does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

INDEMNITY

You agree to indemnify, defend, and hold harmless each of Britvic PLC, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Britvic PLC, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Britvic PLC, its employees, representatives, suppliers, or agents is based on or arises in connection with: your use of the Website; any breach by you of the Terms; a claim that any use of the Website by you infringes any intellectual property rights of any third party, or any right of personality or publicity, or is libellous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or any misrepresentation or breach of representation or warranty made by you contained herein. References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer. You agree to Britvic PLC, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

TERMINATION 

Either you or Britvic PLC may terminate these terms with or without cause at any time. If Britvic PLC terminates these terms, Britvic PLC will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by writing to: Breakspear Park, Breakspear Way, Hemel Hempstead, Hertfordshire, HP2 4TZ, marking it ‘Britvic PLC website’. (UK only). On termination you shall destroy all Content, and copies thereof, obtained from the website.

CHANGES TO THE WEBSITE

You accept that Britvic PLC has the right to change the content or technical specifications of any aspect of the Website at any time at Britvic PLC’s sole discretion. You further accept that such changes may result in your being unable to access the website.

WAIVER

No waiver by Britvic PLC of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Britvic PLC of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

FREE GLASSWARE PROMOTION

GB 18+ only. No purchase necessary. Maximum of 1 of each POS kits per outlet. Registration and a valid email address are required for entry. Promotion open until stocks last.

 

PEPSI UEFA CHAMPIONS LEAGUE COMPETITION

  • THE PROMOTER

Sensational Drinks (Britvic Soft Drinks) Breakspear Park, Breakspear Way, Hemel Hempstead, Herts, HP2 4TZ. Registered in England No. 517211

  • ELIGIBILITY

The Promotion is open to residents and companies of GB aged 18 years or over only, except:

(a) employees of the Promoter or its holding or subsidiary companies;

(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the Promotion or its administration; or

(c) members of the immediate families or households of (a) and (b) above.

 

  • THE PROMOTION

 

  • The title of the Promotion is PEPSI MAX FOOTBALL POS KIT

 

  • The Promotional period will open 00:01 on 03/04/2023 (the “Opening Date”) to 23:59 on 10/06/2023 (the “Closing Date”) inclusive or on OUT OF STOCK.
  • To claim, visit sensationaldrinks.com during the Promotion Period to register and order x1 FREE PEPSI MAX FOOTBALL POS KIT. No purchase necessary.
  • You may claim a maximum of x1 Pepsi Max Competition POS Kit during the Promotion Period per outlet.
  • Entrants must have Internet access to claim this Promotion. Incomplete, illegal, misdirected or late claims will not be accepted.

  • THE PEPSI MAX FOOTBALL POS KIT

    • The Pepsi Max Football POS Kit contains:
  • X2 “Win” A3 Posters
  • X2 “Watch Here” A3 Posters
  • X2 “Win” A4 Posters
  • X2 “Watch Here” A4 Posters
  • X20 “Win” Tent Cards
  • X2 “Win” Strut Cards
  • X500 Pepsi Max Branded Drip Mats

 

  • There are 2000 kits available.

  • The Pepsi Max Football POS Kit is not transferable and there is no cash alternative.
  • The Promoter reserves the right to replace the POS kit with an alternative reward of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.

 

  • PEPSI MAX FOOTBALL POS KIT DELIVERY

    • Please allow 10 working days from valid acceptance, for delivery of The Pepsi Max Football POS Kit. The Pepsi Max Football POS Kit will be delivered via registered post. A signature will be required to acknowledge delivery.

    • The Promoter accepts no liability if any Pepsi Max Football POS Kit is undelivered due to inaccurate details.

 

  • MODERATION
    • The Promoter will reject claims which, in the reasonable opinion of the Promoter, have been submitted by an entity that:
      • is likely to be considered offensive by the Promoter or could reflect negatively the name, reputation, or goodwill of the Promoter or any brand partner;
      • defames, misrepresents, or insult other people or companies, including, but not limited to the Promoter (including its partners);
      • promotes any political agenda.

 

  • LIMITATION OF LIABILITY

    • Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the customer or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up The Pepsi Max Football POS Kit, 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.

  • DATA PROTECTION

    • By entering the Promotion, you agree that any personal information provided by you with the Promotion entry may be held and used only by the Promoter or its agents and suppliers to administer this Promotion.

    • Entrants' personal data will be used and will be held in accordance with the Promoter's Privacy Policy, which is available here: http://www.britvic.com/privacy

 

  • GENERAL

    • By entering the Promotion, entrants confirm that they have read and agree to be bound by these Terms and Conditions and by the decisions of the Promoter.

    • Instructions provided at the point of entry form part of the Terms and Conditions of this Promotion. In the event of a conflict, these terms and conditions take precedence.

 

  • If the Promoter has any reason to believe that there has been a breach of these Terms and Conditions, or if it has any reason to believe that efforts have been made to distort the competitive process or spirit of the Promotion, the Promoter may, at its sole discretion, reserve the right to exclude any entrant from participating in the Promotion.

  • The Promoter reserves the right to hold, void, suspend, cancel, or amend the claim where it becomes necessary to do so. If any 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 (including but not limited to global or regional health crises, weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, epidemic, pandemic, famine, plague or other natural calamities and acts of God), the Promoter will not be liable for any failure to perform or delay in performing its obligations.

 

  • The Promoter takes no responsibility for entries that are delayed, incomplete or lost due to technical reasons or otherwise.

 

  • Verification of age, identity and address will be required before any claims are fulfilled.

  • The promoter reserves the right to, at its sole discretion, disqualify any entries containing:


(a) content deemed to be wholly inappropriate, discriminatory or illegal, including but not limited to     obscene, indecent, defamatory, malicious, racist, sexist, homophobic, harassing, threatening and/or offensive, inclusive of nudity and/or pornography, sexual, violent and fraudulent in nature.

(b) any activity or behaviour which causes, encourages or promotes danger or a threat to the health and safety of the entrant and/or others.

(c) any activity or behaviour which promotes or advertises goods and/or services, including competitor products, for any form of remuneration.

(d) any attempt to impersonate another person or include persons who have not given permission to feature in the entry.

(e) prominent featuring of any trademark or copyright material not owned or licenced by the promoter or any third party connected to the promoter for the purposes of the Promotion.

  • It is the responsibility of the entrant to provide their correct, up-to-date details when entering the Promotion and/or confirming acceptance of The Pepsi Max Football POS Kit in order for their claim to be processed. The Promoter cannot be held responsible for claimants failing to supply accurate information which affects acceptance or delivery of their claim.

  • Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries or via third parties or syndicates, entries by macros or other automated means and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified. If it becomes apparent that a participant is using a computer(s) or multiple aliases to circumvent this condition by, for example, the use of 'script', 'brute force', masking their identity by manipulating IP addresses, using identities other than their own or any other automated means to increase that participant's entries into the Promotion in a way that is not consistent with the spirit of the Promotion, that person's entries will be disqualified and any claim will be void.

  • By entering the Promotion entrants confirm they have the permission of any person featured in their entry to feature them or where any person featured is under 16, that they have the parent’s/guardian’s permission.

  • The decisions of the Promoter are final and binding in all matters relating to the Promotion and no correspondence will be entered into.

  • If any clause or provision of these terms and conditions is declared by a court to be illegal, invalid or unenforceable, this declaration shall not affect the validity and enforceability of any other clause or provision within.

  • The terms and conditions of this Promotion, and any disputes arising therefrom, shall be subject to English law and the exclusive jurisdiction of the English Courts.