Terms And Conditions

Effective Date of these Online Terms of Use: 13th October 2020

www.pediasure.abbott/uk (the “Abbott Website”) is a site operated by Abbott Laboratories Limited, including its subsidiaries and affiliates (together referred to as “Abbott”). Abbott is registered in England and Wales under company number 00329102 and with its registered office address at Abbott House, Vanwall Business Park, Vanwall Road, Maidenhead, Berkshire, SL6 4XE. Abbott’s VAT number is GB 430867056. To contact us, please email ukabbottnutrition@abbott.com or telephone our head office on +44(0) 1628 773355.

By using the Abbott Website, you confirm that you accept these Online Terms of Use and that you agree to comply with them. If you do not agree to these Online Terms of Use, you must not use the Abbott Website. We recommend that you print a copy of these Online Terms of Use for future reference.

These Online Terms of Use govern your access to the Abbott Website. These Online Terms of Use do not apply to Abbott websites that do not link to these Online Terms of Use, to residents of the United States or to third-party websites to which the Abbott Website may link. Your use of the Abbott Website is subject to these Online Terms of Use and the Privacy Policy.

WE MAY MAKE CHANGES TO THESE ONLINE TERMS OF USE

Without prejudice to your rights under applicable law, Abbott reserves the right to amend, delete or modify these Online Terms of Use from time to time to reflect technological advancements, legal and regulatory changes and good business practices. If Abbott changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the Abbott Website, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing the Abbott Website. If you disagree with these Online Terms of Use, or are dissatisfied with the Abbott Website, your sole and exclusive remedy is to discontinue using the Abbott Website.

WE MAY MAKE CHANGES TO THE ABBOTT WEBSITE

We amend these Online Terms of Use from time to time. Every time you wish to use the Abbott Website, please check these Online Terms of Use to ensure you understand the Online Terms of Use that apply at that time.

WE MAY SUSPEND OR WITHDRAW THE ABBOTT WEBSITE

The Abbott Website is made available free of charge.

We do not guarantee that the Abbott Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Abbott Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Abbott Website through your internet connection are aware of these Online Terms of Use and other applicable terms and conditions, and that they comply with them.

HOW YOU MAY USE MATERIAL ON THE ABBOTT WEBSITE

We are the owner or the licensee of all intellectual property rights in the Abbott Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Abbott Website for your personal use and you may draw the attention of others within your organisation to content posted on the Abbott Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Abbott Website must always be acknowledged.

You must not use any part of the content on the Abbott Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Abbott Website in breach of these Online Terms of Use, your right to use the Abbott Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THE ABBOTT WEBSITE

The content on the Abbott Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Abbott Website.

Although we make reasonable efforts to update the information on the Abbott Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Abbott Website is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES THAT WE LINK TO

Where the Abbott Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

The Abbott Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Abbott Website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on ukabbottnutrition@abbott.com.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to the Abbott Website or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • Use of, or inability to use, the Abbott Website; or
    • Use of or reliance on any content displayed on the Abbott Website.
  • In particular, we will not be liable for:
    • Loss of profits, sales, business, or revenue;
    • Business interruption;
    • Loss of anticipated savings;
    • Loss of business opportunity, goodwill or reputation; or
    • Any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide the Abbott Website for domestic and private use. You agree not to use the Abbott Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that the Abbott Website will be secure or free from bugs or viruses

You are responsible for configuring your information technology, computer programmes and platform to access the Abbott Website. You should use your own virus protection software.

You must not misuse the Abbott Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Abbott Website, the server on which the Abbott Website is stored or any server, computer or database connected to the Abbott Website.

You must not attack the Abbott Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Abbott Website will cease immediately.

YOUR USE

You understand, acknowledge, and agree to the following:-

1. By using the Abbott Website, you agree not to disrupt or intercept our electronic information posted on the Abbott Website or on any of our servers. You also agree not to attempt to circumvent any security features of the Abbott Website, and to abide by all applicable, national and international laws, rules and regulations.

2. You grant to Abbott the right to use all content you upload or otherwise transmit to the Abbott Website, subject to these Online Terms of Use and Abbott’s Privacy Policy in any manner Abbott chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the Abbott Website (if any).

3. Except as expressly stated and agreed upon in advance by Abbott, no confidential relationship shall be established in the event that any user of the Abbott Website should make any oral, written or electronic communication to Abbott (such as feedback, questions, comments, suggestions, ideas, etc.). If the Abbott Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), Abbott shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Abbott shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Abbott is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

PRODUCT LABELLING

Product names, descriptions and labelling may be of U.S. origin or of a third country’s origin which is not your country of residence. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Many of the products listed are available only by prescription through your local healthcare professional. Except as expressly stated and agreed upon in advance by Abbott, no director, employee, agent, or representative of Abbott, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through the Abbott Website.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published on the Abbott Website (the "Information") are the sole property of Abbott, except for information provided by third-party providers under contract to Abbott. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from the Abbott Website are used separate from accompanying text. Abbott is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Abbott. No use of any Abbott trademark, trade names, trade dress and products in the Abbott Website may be made without the prior written authorisation of Abbott, except to identify the product or services of the company.

PRIVACY AND SECURITY

Abbott is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the Abbott Website. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Abbott Website, you agree to be bound by that Privacy Policy.

You recognise and agree that when submitting your personally identifiable information to the Abbott Website, while Abbott has safeguards in place to prevent unauthorised access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORISED ACCESS DESPITE OUR EFFORTS, ABBOTT SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORISED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF ABBOTT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ABBOTT DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORISED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE ABBOTT WEBSITE.

GENERAL

You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter.

If you are a consumer, please note that these Online Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Online Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Abbott Ensure NutriVigor & Paediasure Shake Real Madrid Bundles activity

The Promoter 

The promoter of this competition and data controller is Abbott Laboratories Limited, a company registered in England and Wales with company registration number 329102 and registered office address at Abbott House, Vanwall Business Park, Vanwall Road, Maidenhead, Berkshire, SL6 4XE (“Promoter”). Details for the Promoter’s data protection officer are available at http://www.eu-dpo.abbott.com/.

The Competition and Eligibility

  1. The title of the competition is Abbott Real Madrid Bundle Competition.
  2. The competition will run monthly as a monthly draw from the 15th May with a draw in May, June, July, October & November.  The prizes will be promoted on Facebook and Instagram with the closing and draw dates communicated for each month on the posts.
  3. The competition covers 2 brands from the Promoter: Ensure NutriVigor and Paediasure Shake (the “Brands”).
  4. This competition is in no way endorsed or sponsored by Instagram, Facebook.  Instagram and Facebook will not be held liable in any way for any losses arising from this competition.
  5. All competition entries must be received by no later than the Closing Date featured on the posts. All entries received after the Closing Date are automatically disqualified.
  6. The competition is open to UK residents, excluding Northern Ireland, aged 18 and above. The Promoter reserves the right to request proof of identity to verify eligibility conditions.
  7. Healthcare Professionals, Government Official [1], employees of the Promoter, their families, agents or any third party directly associated with administration of the giveaway are not permitted to enter the competition. The Promoter reserves the right to request proof of identity to verify eligibility conditions.
  8. To enter the competition, participants will need to provide their name, email address, gender and date of birth on a landing page linked from the advertising of the competition and from the Ensure and Paediasure websites.  The advertising will be featured on Facebook & Instagram.  
    There will also be the opportunity to enter via a Facebook Entry form.
  9. Internet access is required to enter the competition and entrants must have a current valid email address.
  10. Only one entry per person is allowed 
  11. Two winners from each brand, each month will be chosen randomly by the Promoter, within 3 working days after the Closing Date specified. 
  12. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault of any kind.
  13. Each month there are two prize bundles available per brand – Ensure Nutrivigor and PaediaSure Shake – made up of Real Madrid Merchandise as follows
    • Ensure Nutrivigor – Real Madrid adult shirt, Real Madrid cap & Real Madrid ball
    • PaediaSure Shake – Real Madrid junior shirt, Real Madrid cap & Real Madrid ball
  14. The winners will be notified by the Promoter via email using the entrants email address provided on the entry form within 5 days of the Closing Date. During the claim process the winner may be asked to supply name, address and dob to verify their eligibility to claim their prize. If a winner does not respond to Ensure or PaediaSure within 5 days of being notified by the Promoter, then the winner's prize will be forfeited, and the Promoter will be entitled to select another winner.  Once the claim has been verified the promoter or its agent will contact the winner to set up all of the required details to deliver the prize. The prizes for the winners are non-exchangeable and non-transferable and no cash or prize alternative is offered.
  15. The Promoter reserves the right to replace the prizes with alternative prizes of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.
  16. In the event that all or part of any prize is unavailable, the Promoter reserves the right to offer an alternative prize of equal or greater value.
  17. The Promoter reserves the right to terminate or temporarily suspend this competition in the event of technical or other difficulties that might compromise its integrity.
  18. The Promoter is not liable for any disruption to this competition for reasons beyond the Promoter’s reasonable control. In the event of any disruption to this competition, the Promoter will use its reasonable endeavours to resolve the disruption and resume the competition in a manner that is fair to the participants.
  19. The Promoter shall have the right to cancel, suspend or delay performance of its obligations, service or delivery of the prizes if such performance is impeded or causes an unreasonable hardship on the Promoter due to any extraordinary circumstances beyond its reasonable control including, but not limited to, pandemic, epidemic, war, failure of public services, shortage of materials, delays in transportation including shipping, strikes or any form of industrial action riot government intervention, fire explosion and flood, etc. 
  20. The decision of the Promoter regarding any aspect of the competition is final and binding and no correspondence will be entered into about it.
  21. By entering into the competition, you agree to be bound by these terms and conditions. The Promoter reserves the right to refuse entry or refuse to award the prize to anyone in breach of these terms and conditions.
  22. The Promoter reserves the right to hold void, cancel, suspend, or amend the competition, and/or untag - Ensure Instagram @ensurenutrivigoruk Ensure Facebook @EnsureUK, Paediasure Instagram: @paediasureshakeuk, Paediasure Facebook: @PaediaSureShake - from entries where it becomes necessary to do so.
  23. If you are a prize winner, the Promoter may use your name and image to announce the winner of the relevant competition and for any other reasonable and related promotional purposes, subject to you giving the Promoter your consent to do so. Even without your consent, the Promoter is required under advertising regulations to make the winners’ surnames and counties available. This information is available to anyone who emails the Promoter at monitoring@ecollectivedigital.co.uk within 30 days of the Closing Date.
  24. Privacy notice:
  25. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winners and/or runners up or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize 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.
    1. Personal data (name, surname, email address, date of birth and nutritional interests) collected from you as a condition of your participation in this Competition will be used by the Promoter for the purposes of administering the Competition and to provide you with information and offers about Abbott Nutrition products and services.
    2. The Promoter is permitted to process your personal data in this way because it is performing a contract with you (i.e. these terms and conditions).
    3. The recipients of your personal data will be those third parties that are administering this competition, fulfilling the prizes, and sending information and offers from Abbott Nutrition about their products and services on behalf of the Promoter.
    4. The Promoter will store your personal data for as long as it is needed to provide you with (i) the Abbott service or product that you have requested; and/or (ii) access to our websites and services and to administer this competition. However, please note that your Instagram and/or Facebook post will be retained on Instagram and/or Facebook in accordance with Instagram/Facebook Data Policy.
    5. In certain circumstances, you have the right to access, rectify or erase, restrict the processing of, object to the processing of and request the porting of any personal data the Promoter holds about you. If exercised prior to the Competition, it may mean that we must terminate the contract with you and you will no longer participate in the Competition. To exercise any of these rights, please click on the "Contact Us" link on the Abbott Website https://uk.ensure.abbott or e-mail us at webmaster@abbott.com. However, please note that your Instagram and/or Facebook post will be retained on Instagram and/or Facebook in accordance with Instagram/Facebook Data Policy. Alternatively, please contact the Promoter using the details for the data protection officer above and specify this promotion. You have the right to lodge a compliant with the UK Information Commissioner at ico.org.uk.
  26. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.
  27. The Promoter may disqualify any entrant who it reasonably believes has interfered with or attempted to interfere with the fair running of this competition.
  28. The Promoter reserves the right to hold void, cancel, suspend, or amend the competition where it becomes necessary to do so.
  29. The competition is governed by the laws of England and Wales and entrants to the competition submit to the exclusive jurisdiction of the courts of England and Wales.

[1] “Government Official” means any officer or employee of a Government Authority or any department, agency or instrumentality thereof, including state-owned and state-controlled entities, or of a public international organisation, or any person acting in an official capacity for or on behalf of any such government, department, agency, or instrumentality or on behalf of any such public international organisation. “Governmental Authority” means any foreign, domestic, federal, territorial, state or local governmental authority of any nature, or body exercising, or entitled to exercise, any administrative, executive, judicial, legislative, police, regulatory, customs, immigration, or taxing authority or power of any nature. Officers and employees of government hospitals, research institutions, universities, and other healthcare institutions or facilities are Government Officials for purposes of this Agreement.