Terms and Conditions

These Terms and Conditions govern the New York Bakery Co. (NYBCo.). Take On The Day promotion; offering a chance to win an Ultimate Christmas Break in NYC (3 to be won), 1,000 NYBCo. Big mugs and 1,000 Big tins, with every promotional pack purchased (the “Promotion”). These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials for the Promotion. Participants of the Promotion agree to be bound by these terms and conditions.

Promoter: Grupo Bimbo UK Ltd, Swinton Meadows Industrial Estate, Rotherham S648AB is the "Promoter"

Administrator: TLC Marketing Worldwide UK Ltd, 54 Baker Street, London, W1U 7BU.

1. Eligibility: The promotion is open to all residents of the UK and the ROI, aged 18 or over. Excluding employees of the Promoter and the Administrator and their respective affiliates or agents, the immediate families of such employees and any other person connected with this promotion.
2. Promotional Period: 00:01 10^th April 2023 – 23:59 4^th June 2023. All entries received outside the Promotional Period will not be accepted.
3. Internet access required. Purchase necessary except Republic of Ireland where no purchase is necessary.
4. Retain receipt or proof of purchase showing date of purchase during the Promotional Period and prior to date of entry.
5. How to participate:
   • For UK residents (Great Britain & Northern Ireland):
     • Customers must purchase a promotional pack of NYBCo Bagels and register their on-pack unique code at www.nybco-takeontheday.com to enter the promotion. Unique codes can be found inside the bag on the side panel of the pack – the code is clearly labelled on the packaging with “find code inside here” with a black box. Unique codes must be submitted before 23:59 4^th June 2023. Winners will be notified online immediately after entry.
   • For Republic of Ireland (ROI) residents - no purchase necessary (NPN) route:
     • ROI customers can complete the NPN form found on the ROI section of the promotional website. To complete the form, customers will need to submit their name, surname, email address and EIR Code by 23:59, 2^nd June 2023. ROI customers will only be able to enter up to five (5) times across the Promotional Period.
     • Within 24 hours customers will be sent a NPN unique code to enter the promotion at www.nybco-takeontheday.com via the email address provided on entry. Unique codes must be submitted before 23:59, 4^th June 2023. Winners will be notified online immediately after entry. ROI entries may be subject to additional verification of residency.
   • Entrants will receive notification if they’ve won a prize via an on-screen message.
   • A maximum of 5 entries per person/EIR Code for ROI residents will be allowed, during the Promotional Period. UK residents are able to participate in the Promotion on multiple occasions by purchasing additional promotional packs during the Promotional Period and entering with a new unique code. There will be a maximum of five (5) wins honoured per person, per household for the Big Mugs and Tins. And a maximum of one (1) win honoured per person, per household for the Ultimate Christmas Break in NYC. Additional wins that exceed this limit will be disqualified and the prize will not be fulfilled.
     
     
   • Entrants who make an entry on someone else’s behalf will be disqualified, at the Promoter’s discretion.
6. The Prizes: The promotion is split into three prize opportunities with 2,003 prizes available in total:
   
   1. Ultimate Christmas Break in NYC:
      • 3 nights’ luxury accommodation (4* min) with daily breakfast for 4 people (2 adults/2 under-16s). There must be at least one person travelling who is aged 21 or above.
      • Return economy flights from London to New York.
      • Private station-to-hotel transfers in New York.
      • Daily breakfasts in New York.
      • Ice skating tickets at the Rockefeller Centre, including skate hire.
      • Admission tickets to the Top of the Rock observation deck.
      • 2-hour Christmas lights & sights guide-led walking tour in Manhattan.
      • 3-course family meal at a NYC restaurant, up to the value of £/€200.
      • £/€500 spending money. Spending money can be sent via one of the following payment methods; BACS transfer, PayPal or cheque.
      • The person whose details were entered at the time of winning the prize must be present.
      • The winner and guests are responsible for all expenses not expressly stated in these Terms and Conditions as being included as part of the prize.
      • The prize package must be taken as a whole, flights and hotels cannot be redeemed separately. The winner and their guest(s) must travel together on the same flight to the prize destination and stay in the same hotel.
      • The winner and their guest(s) must each have a valid passport and have all necessary and relevant visas (if applicable) to travel to the chosen prize destination. Each person’s passport must have an expiry date no less than 6 months following the dates of travel, unless otherwise specified by a pertinent regulation. All passport and visa requirements are the sole responsibility of the relevant winner and guest(s).
      • The trip must be taken within 12 months of the date when the winner is notified that they have won, and they must give six weeks’ notice in advance of their chosen travel dates. The only blackout dates are Easter Sunday and UK public holidays.
   2. Oversized ‘Take On The Day’ branded NYBCo mugs
      • 1,000 to be won
   3. NYBCo bagel tin
      • 1,000 to be won
7. Winner Selection: There are 12 million promotional packs available. All prizes will be randomly distributed across the 8 campaign promotional weeks via a winning moments mechanic by a secure, independently-verified computer programme. There are 35 winning moments available per day throughout the Promotional Period. There will be double the chances to win per hour between the hours of 06:00 – 11:00 each day. 13 winning moments available between 06:00 – 11:00 (2 wins per hour), 22 winning moments available between 00:00 – 05:59 and 11:01 – 23:59 (1 win per hour). The ‘moments’ are an exact time, randomly chosen by a computer – if you’re the first person to enter on or after one winning moment, and before the next, you win a prize. There are 2,003 winning moments available in total. In the instance that there are unclaimed prizes, the outstanding prizes will be rolled over. No guarantee all prizes will be won.
8. Winner Notification & Delivery of Prizes:
   • Mugs and Tins: Winners will need to provide the following: first name, surname, email address and postal address. This information must be provided immediately via the form that appears after being informed you’ve won. If you do not complete this information and exit the page, it is assumed you do not accept the prize and it will be forfeited and reallocated to the prize pool if during the Promotional Period. Upon submitting their details, winners will be sent a confirmation email and will receive their prize within 28 days subject to any verification process. The prize will be sent 2^nd class via Royal Mail. Neither the Promoter, nor its agents or distributors can accept liability for lost, stolen or damaged prizes or prizes delayed by postal strikes. Lost or stolen prizes will not be replaced.
   • Ultimate Christmas Break in NYC: Winners will need to provide the following: first name, surname, email address, county and phone number. This information must be provided immediately via the form that appears after being informed you’ve won. If you do not complete this information and exit the page, it is assumed you do not accept the prize and it will be forfeited and reallocated to the prize pool if during the Promotional Period. Winners will then be contacted by the email address provided within 7 working days of submitting their correctly completed form and will have 14 days to confirm acceptance of their prize by responding back to the email. If a winner does not confirm acceptance of their prize within 14 days of being contacted for the first time, reject the prize or are ineligible, they will lose the right to claim their prize and the prize will be reallocated to the prize pool if during the Promotional Period. After the prize is accepted, the Administrator will contact winners within 14 days using the details provided when claiming the prize to start the fulfilment process.
9. Each unique on-pack code is valid for one (1) entry only. Once you have summited your entry, that unique code will no longer be valid for further retries. Any attempts to enter the same code more than once, use codes from non-promotional packs, or the use of any codes not intended for use in this promotion, may result in disqualification and all such entries will be declared void. .
10. If fulfilment or any element of this promotion is delayed or affected due to the continuing Covid-19 pandemic and resulting Government restrictions or any industry-wide supply chain issues, any affected entrants will be contacted by the Administrator and kept updated of any unavoidable changes to the promotion, prizes or delivery time period.
11. The prizes have no monetary value, are non-transferable, cannot be resold, auctioned or exchanged and cannot be redeemed in whole or part for cash except that in the event of circumstances outside of its control the Promoter reserves the right to substitute a similar prize, or part of the main prize, of equal or greater value.
12. Any additional costs which may be incurred in this Promotion in the context of participation, such as internet costs, postage, and other additional services that go beyond those described services for the prize fulfilment are not included in the prize and must be paid by customers separately.
13. Only complete registrations will be accepted. The Promoter accepts no responsibility for any entries that are lost, incomplete, illegible, invalid, misdirected or corrupted, or which fail to reach it by the end of the Promotional Period for any reason. 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.
14. It is the responsibility of the entrant to provide correct, up-to-date details when entering the promotion and on acceptance of their prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery/fulfilment of their prize.
15. The Promoter reserves the right to verify the eligibility of entrants including asking for proof of purchase and ID (passport, driving licence or equivalent). The Promoter may require such information as it considers reasonably necessary for this purpose and a prize may be withheld unless and until the Promoter is satisfied with the verification.
16. Winners may be requested to participate in reasonable publicity arising from the promotion.
17. The Promoter will make available a list of the NYC Christmas Break prize winners’ surnames and counties of residence to members of the public or regulators who request such details within 3 months of the closing date of this promotion. Entrants can object to disclosure, or request that disclosure be limited in scope by contacting takeontheday@tlcrewards.com. We may nevertheless disclose the information to the Advertising Standards Authority if required to do so. You may request a copy of the winners list by emailing takeontheday@tlcrewards.com. We reserve the right to refuse any such request.
18. The Promotion will not be open to you, and your entry will be deemed invalid, if:
    1. You reside outside of the UK and ROI.
    2. For GB and NI residents: You have not purchased a promotional pack of Bagels and entered your unique code via the promotional website during the Promotional Period.
    3. For ROI residents: have not shared the requested information via the NPN route as described in clause 3.
    4. You have not registered your entry by completing all requested entry fields on the promotional website correctly, at the time of winning your prize.
    5. You have failed in any way to otherwise comply with these Terms and Conditions as determined by the Promoter in its sole discretion.
19. All entries must be made by the entrant themselves. Entries (bulk or otherwise) made from trade, consumer groups, syndicates or third parties will not be accepted. Entries by macros or other automated means (including systems which can be programmed to enter), and entries which do not satisfy the requirements of these Terms and Conditions in full will be disqualified and will not be counted. If it becomes apparent that an entrant is using a computer(s) 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 in order to increase that entrant’s entries into the promotion in a way that is not consistent with the spirit of the promotion, that entrant’s entries will be disqualified and any prize(s) awarded will be void. The Promoter and Administrator reserves the right to investigate and undertake all such action, as is reasonable, to protect itself against fraudulent or invalid entries including, without limitation, to require participants to provide further verification. In addition, the Promoter and the Administrator reserves the right to reject those entries which it considers, in its absolute discretion, are fraudulent or invalid.
20. The Promoter reserves the right to provide a substitute prize, or any element of the prize, of equal or greater value and to withdraw the promotion at any time deemed necessary owing to circumstances outside its reasonable control.
21. This Promotion is administered by TLC Marketing Worldwide UK Ltd (TLC). If for any reason you encounter a problem, please visit the contact us form.
22. Any persons taking advantage of this Promotion do so on complete acceptance of these Terms and Conditions.
23. Insofar as permitted by law, neither the Promoter, the Administrator, their agents or distributors will in any circumstances be responsible or liable to compensate or accept any liability for personal loss, damage or injury suffered by any entrant entering the promotion or as a result of accepting or participating in any prize. Your statutory rights are unaffected. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence or generally for intent as well as for gross negligence.
24. In the event of circumstances outside the reasonable control of the Promoter, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this promotion, and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these Terms and Conditions, at any stage, but will always endeavour to minimise the effect to participants to avoid undue disappointment. If an 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, the Promoter will not be liable for any failure to perform or delay in performing its obligation but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.
25. The Promoter has no control over internet or communication networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter will not be held liable to any individual for any fraud committed by any third party nor for any event beyond its control including, but not limited to, user error and any network, computer, hardware or software failures of any kind which may restrict, delay or prevent a participant’s entry to the promotion.
26. 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.
27. These Terms and Conditions and any question concerning the legal interpretation of these Terms and Conditions will be governed by the laws of England. Any disputes must be referred to the English and Welsh courts unless you live in another part of the UK or in the Republic of Ireland, in which case your local courts will have jurisdiction.
28. “The Administrator” is responsible for fulfilling the reward. Any data captured in the fulfilment of the promotion by TLC Marketing will only be used for validation of claims and for the fulfilment, unless we have your consent. Your personal details will at all times be kept confidential. Data will be stored for 3 months from the campaign end date for mug / tin prize winners and will be stored for up to 3 months after the stay date for winners of the NYC Christmas break, after which the data will deleted. Click X for the Administrator’s Privacy Policy. You can request access to your personal data, or have any inaccuracies rectified, by sending an email to [lets.talk@tlcmarketing.com]. By participating in the Promotion, you agree to the use of your personal data as described here.
29. The Promoter’s decision regarding any aspect of the promotion is final and binding.