Biome9 GutDiscovery test – terms and conditions

BY entering the Promotion, you agree to be bound by these terms and conditions (these Terms and Conditions). 

Completion and submission of an entry form or e-mail will also be deemed acceptance of these Terms and Conditions. 

Promotional materials relating to the Promotion, including all information on how to enter the Promotion published in publications of the Promoter (defined below) (including 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.

All information submitted in connection with this Promotion will be processed in accordance with our privacy policy accessible at http://www.newsprivacy.co.uk/ andBiome9’s privacy policy which can be found at biome9.com

The promoter of this Promotion is News Group Newspapers Ltd (publishers of The Sun and The Sun on Sunday) of 1 London Bridge Street, London, SE1 9GF (the Promoter).

Participation in the Promotion

1. The Promotion is only open to residents of the United Kingdom only. The following individuals are not eligible to enter the Promotion:

1. employees and agents of the Promoter, News Corp UK & Ireland Limited or other group companies;
2. employees and agents of any organisation directly connected with the operation or fulfilment of the Promotion (including third party promotional partners) and their respective associated, affiliated or subsidiary companies;
3. the immediate families and household members of all such employees and agents referred to in (a) and (b); and
4. individuals under 18 years of age.  

2. The Promotion starts at 00.01AM (UK time) on 19 May 2023 and closes at 23.59PM (UK time) on 2 June 2024 (the Promotion Period). Any entries received outside the Promotion Period will be void. 
3. Participants may make a maximum of one entry per person during the Promotion Period. Bulk, automatically generated or third party entries are void. 
4. To enter you must send an email headed BIOME9 containing your name, email address, postal address and telephone number to sundaypets@the-sun.co.uk during the Promotion Period only.
5. The Promoter reserves the right to remove or temporarily suspend from the Promotion any entries submitted if, in its reasonable opinion, it suspects any breach of these Terms and Conditions or if it receives any complaint from a third party relating to such entry.
6. 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. No purchase of any product or service is required to enter into this Promotion. Participants should be aware that they may be subject to data charges at the usual rate depending on their own individual arrangements for Internet access if they enter the Promotion online or by email.

Winners and Prizes 

7. There will be 1 winner. One prize per winner
8. The winner will be selected at random from all valid entries for this Promotion received during the Promotion Period by a computer process that produces verifiably random results. The winner will be the first valid entry selected at random by the Promoter. There will be no prizes for any other entrants. 
9. The prize is one Biome9 GutDiscovery test including a personalised feeding plan and a BiomeBites supplement programme.
10. The prize is subject to the terms and conditions of Biome9 which can be found at biome9.com and their privacy policy will apply to the processing of your personal information.
11. 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. 
12. The winner is responsible for paying all associated costs that are not specifically stated in any Promotional materials or these Terms and Conditions, including (where applicable) transport, accommodation, meal costs, spending money, insurance and all other incidentals.  Winners are also personally responsible for any personal or incidental expenses and any VAT, national and/or local tax liabilities incurred in claiming or using the prize.  By participating in the Promotion, participants agree that the prize is awarded on an “as is” basis, and that neither the Promoter nor any of its subsidiary or affiliated companies, make any guarantees, representations or warranties of any nature with respect to the prize. 
13. 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.  
14. The Promoter may amend or withdraw any element of a competition, prize draw, vote or poll for reasons beyond their reasonable control, including but not limited to the unavailability of the vote, poll, competition or prize draw entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, public health concern in relation to potential infection, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation.  The Promotor is not responsible for any loss or damage caused to you as a result of any of these occurrences. Therefore the Promoter shall not be responsible if [a participant/winner] is unable to [redeem their tickets/prize] for any time period as a result of government guidelines or restrictions resulting from COVID-19. No [alternative booking dates or] compensation will be made available in these circumstances. 

Winner Announcement and claiming of prize 

15. Winners will be notified by email or using the other contact details provided to the Promoter within 14 days after the end of the Promotion Period. All reasonable endeavours will be made to contact the winner during the specified time.  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 before receiving their prize.  
16. Winner will be required to confirm acceptance of the applicable prize within 14 days of having been notified. If the winner has not claimed their prize by the date specified, the Promoter reserves the right to award the prize to another participant. 
17. The prize will be delivered within a reasonable time and by no later than 28 days after the prize has been accepted.  
18. The Promoter proposes to make available a list of winners, subject to any objections from the relevant individuals.  For a copy of the list, please send a stamped self-addressed envelope by no later than 28 days after the end of the Promotion Period to News UK, Promotions Department, 1 London Bridge Street, London, SE1 9GF stating for which Promotion you would like winners’ details.  If a winner objects to this information being made available, they should inform the Promoter at the earliest opportunity using email help@thsun.co.uk/. Winners acknowledge that the Promoter may still be required to share their details with the Advertising Standards Authority or other regulators. 

Data Protection and Publicity 

19. The Promoter will collect and process participants’ personal information in accordance with the privacy policy at http://www.newsprivacy.co.uk/. The information provided may be shared with the Promoter’s agents, affiliates and, if applicable, any third party prize provider (including those outside the UK/European Economic Area) who will process such information in accordance with their own privacy policy. Information provided by participants will be used for the purpose of conducting this Promotion (including for prizes to be delivered) and other purposes as may be specified and/or consented to at the time of entry or on promotional materials. If participants do not provide any of the mandatory information requested when participating in the Promotion, their entry will be void.  
20. The Promoter is required to either publish or make available information that indicates a valid award took place. As such, the Promoter will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone that contacts the Promoter at the address given above by no later than 28 days after the end of the Promotion Period. 
21. If a winner objects to any or all of their surname, county and winning entry being published or made available, they should contact the Promoter at the address given above. In such circumstances, the Promoter must still provide the information and winning entry to competent authorities, including the Advertising Standard Authority, on request. 
22. The winner and any guests will also be required to participate in reasonable publicity relating to this Competition including being photographed and interviewed as promotion of the winning prize. 

General 

23. The Promoter’s decision is final and binding on the entrants. No correspondence will be entered into.
24. 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. 
25. The provision of the prize does not imply endorsement by the Promoter of Biome9 any third parties concerned in any way with the Promotion. Any complaints or queries relating to the use of the prize should be directed to Biome9.com
26. Unless otherwise stated in the promotional materials, this Promotion is in no way sponsored, endorsed or administered by, or associated with, the manufacturer or service provider of the relevant prize. You are providing your information to the Promoter and not to the manufacturer or service provider of the relevant prize (although, if you win, your details may be disclosed to the prize provider in order to provide you with the prize).
27. 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, defaced, incomplete, illegible or otherwise unreadable entries.  Proof of posting is not proof of receipt by the Promoter of any entries.  Without prejudice to an entrant’s statutory rights and, to the extent permitted by applicable law, the Promoter, its agents or distributors will not 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 a prize. Nothing in these Terms and Conditions shall in any way limit or exclude the Promoter’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence or for any other matter where liability may not be limited as a matter of law. 
28. The Promoter reserves the right at any time to cancel, modify or supersede the Promotion (including altering prizes) if, in its reasonable discretion, it becomes necessary to do so. 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.
29. 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.
30. The Promoter reserves the right to amend these Terms and Conditions in its reasonable discretion. Any amendments will be published on the Promoter’s website (the Website).
31. 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.