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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69188
Experience:  Qualified Solicitor
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I recently won a competition and the promoter is querying

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I recently won a competition and the promoter is querying wether I should be awarded the prize as my girlfriend works for company. However in the terms and conditions of the competition it states that family members of any person's who work for the company or any anybody affiliated with the company can not enter.
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am self employed
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The prize is a trip for 2 to Japan. I would like to take my girlfriend as my guest as I am the one who entered and won the competition. It doesn't say in the terms and conditions that I can't take her but I think the promoter is worried that it'll look like it's "fixed" if my girlfriend is going

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What is the exact wording of this in the terms and conditions?

Customer: replied 7 months ago.
2. Participation is open to persons aged eighteen (18) or over, who are residents of the United Kingdom, Isle of Man and Channel Islands. The Promoter accepts no responsibility for entries that are misdirected, lost, delayed, damaged or corrupted due to any computer malfunction, virus, bug, delay or other reason whatsoever. The promotion is specifically closed to employees of the Promoter, any associated companies, their families and anyone professionally involved in this promotion.
Customer: replied 7 months ago.
I can send the full terms and conditions if easier

That is OK for now and thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. The company will likely be able to state that you have not adhered to the terms and conditions because of your relation to one of their employees. The wording can be interpreted relatively widely because it states that the employees’ ‘families’ are not allowed to participate, and that does not necessarily mean that it would be blood relatives or spouses and being someone’s boyfriend or girlfriend could be considered close enough a link to try and build a case that it falls foul of their terms. The final decision is very much theirs unfortunately, you cannot force them to provide the prize if they believe that it breached their terms, which is likely. The only thing you can do is argue your case and hope they allow it through this time but if they refuse, then it is a case of making a claim for compensation for the missed holiday and you would need to pursue that through the Small Claims Court.

Does this answer your query?

Customer: replied 7 months ago.
Thank you very much for your advice

All the best

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