Terms & Conditions for shwopping weekly prize draw

About the prize draw

• 1.The promoter of this prize draw is Marks and Spencer plc, Waterside House, 35 North Wharf Road, London W2 1NW ("M&S”).
• 2.Marks & Spencer is a registered data controller with the Information Commissioner's Office (registration number Z6046528). We respect your right to privacy and will only process personal data you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws. For more information see the Marks & Spencer Privacy Policy by clicking here.
• 3.By entering the prize draw you agree to the below terms and conditions, to be bound by the decisions of M&S and to receive email notifications from M&S in relation to the prize draw.

Entering the Weekly Prize Draw

• 4.Enter in selected M&S stores only by registering a shwop via SMS or M&S's Facebook page (by scanning the QR code located on M&S Shwop Drops). For a valid registration, the entrant must drop at least one unwanted item of clothing into an M&S Shwop Drop.
• 5.The weekly prize draw starts on Thursday of each week at store opening time (the first week commencing Thursday 26th April, unless otherwise notified). The weekly period ends at store closing time every Wednesday.
• 6.The prize draw is open only to permanent residents of the United Kingdom aged 18 and above.
• 7.The weekly prize draw is open to employees of the Marks and Spencer Group of Companies who are permanent residents of the U.K only.
• 8.Only a maximum of x2 entries per person, per prize draw week are allowed. No entries on behalf of third parties are permitted.
• 9.The weekly prize draw starts on Thursday 26th April at store opening.

The Prize

• 10.The prize consists of a £100 M&S gift card. One winner per prize draw week. Gift cards will be sent by registered post.
• 11.About other shwopping prizes go to our M&S Facebook page for more details www.facebook.com/MarksandSpencer
• 12.Participants will be entered into the prize draw the date they register a shwop, with each week running Thursday – Wednesday inclusive. Participants are allowed to register up a maximum of x2 shwops per prize week. Further entries will not be counted towards the prize draw. Thereafter, entrants may register new shwops and be entered into the weekly prize draw (with a maximum of x2 entries) when the new prize week begins *i.e. the following Thursday.

Choosing the winner[s]

• 13.M&S will draw 1 winner at random by the Monday (23:59) following the closing Wednesday and the draw will be supervised by an independent person. The prize will be awarded to the first correctly completed entry, drawn at random after the closing date.
• 14.M&S will notify the winner by 17:00 on the Monday following the Wednesday closing date. Entries online via Facebook: winners will be contacted via Facebook notification & sent a form where they can fill in their details (name & address). The notification will include details of how the prize can be accepted. If the winner does not confirm acceptance of the prize 7 days after being notified another random draw will take place from completed entries and another winner will be selected.

Gift Cards

Cancellations, Amendments, Returns & Refunds

• 15.Marks & Spencer reserves the right to cancel the card if, in our sole discretion, we deem such action necessary.
• 16.Gift cards cannot be exchanged for cash or used to pay for M&S Money services, products or outstanding card balances, made to measure shirts, domestic appliances, personalised cards or M&S Energy.
• 17.Gift Cards cannot be returned or refunded, except in accordance with your legal rights, for example in the event they are not of satisfactory quality.

Product Information

• 18.Gift cards may be used to purchase goods of a higher price than the amount on the gift card, on payment of the difference.
• 19.Gift cards can be used in all Marks & Spencer stores in the UK, Eire and the Channel Islands, including Outlet, railway, motorway and airport stores. M&S Gift Cards cannot be used as payment for M&S products in BP stores.
• 20.Gift Cards purchased in Eire and the Channel Islands can be used in UK stores. Where necessary, our systems will convert Euro card balances to Sterling using a regularly updated exchange rate.
• 21.Gift cards are valid for 24 months from the last transaction (transactions include balance enquiries). Any remaining balance will be cancelled on expiry of the validity period.
• 22.Gift Cards can be activated with a minimum balance of £1 or 1 Euro and have a maximum limit of £500 or 700 Euros. Cards can be topped up (in stores) to the maximum value limit.
• 23.Marks & Spencer will not accept liability for lost, stolen or damaged cards.

General

• 24.The prize is non-transferable, non-refundable and subject to availability. There is no cash alternative.
• 25.No purchase is necessary in order to enter the prize draw. To enter the prize draw, a shwop must be registered via SMS or Facebook. A shwop consists of dropping at least one old item of clothing into an M&S Shwop Drop.
• 26.M&S' decision is final and binding and no correspondence will be entered into regarding the outcome of the draw.
• 27.No responsibility will be taken for late, lost, indecipherable or misdirected entries or for any failure of communication or signal resulting from incorrectly supplied information.
• 28.M&S reserves the right to check the validity of any entry and the identity of any entrant or winner and to refuse entry or refuse giving the prize if M&S reasonably considers the entry and/or winner to be in breach of the terms and conditions.
• 29.If M&S at any time considers an entry is inappropriate and/or fails to comply with its social media guidelines, or that the entrant has otherwise failed to comply with these terms and conditions, it may disqualify the entry.
• 30.Prize details are correct at date of publication. M&S reserves the right to substitute any element of the prize with a prize of a similar nature and/or value should any original element of the prize become unavailable for any reason.
• 31.M&S reserves the right at any time in its sole discretion to cancel, modify or supersede the prize draw if it believes, in its sole discretion, that the prize draw is not capable or is likely not to be capable of being conducted fairly or as specified within these terms and conditions due to events beyond its control (including, without limitation, a virus, a computer bug or unauthorised human intervention or any other cause beyond the reasonable control of M&S that could corrupt or affect the administration, security, impartiality or normal course of the prize draw).
• 32.Provision of the prize is subject to the winner sending an email with relevant details (SMS entries) or signing a prize acceptance form (Facebook entries).
• 33.The Prize will only be delivered to the address provided by you, which must be a UK address.
• 34.The winner may be required, subject to their consent, to take part in reasonable post-prize draw publicity for Marks and Spencer plc and may be filmed, photographed or otherwise recorded by M&S or other third parties for publicity and the winner consents to the use of their personal data for such purposes.
• 35.If applicable, the entrant agrees to assign all copyright and intellectual property developed during this prize draw exclusively to M&S.
• 36.The winner's name and county will be available by sending a stamped addressed envelope within one month of the draw to Julia Monro / M&S Merchant Square / 7th Floor MS7-E58 / 5 Merchant Square / London W2 1AS.
• 37.Nothing in these terms and conditions shall limit in any way M&S' liability for death or personal injury caused by its negligence. Subject to that, M&S shall have no liability for any delay and/or failure to perform any obligation to the Winner [and/or their guest[s]]or other entrant that is caused by:
• a. technical problems of any kind which may limit or prevent any person's participation in the [competition/prize draw];
• b. any loss or damage arising from or in connection with the allocation of the prize;
• c. any act or omission of any third party; or
• d. any other events beyond M&S' control that may cause the prize draw to be disrupted or corrupted or may lead to loss of the prize.
• 38.If any of these terms and conditions is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
• 39.The promotion shall be governed by the laws of England and Wales.

© 2012 Marks and Spencer plc.