VAILLANT GROUP UK LIMITED – MYSTERY TRIP 2022

VAILLANT GROUP UK LIMITED – MYSTERY TRIP 2022 PROMOTION

TERMS AND CONDITIONS (the "Conditions")

1. Qualification

1.1 Subject to clauses 1.2, 1.3, 1.4 and 1.5 below, Vaillant Group UK Limited a company incorporated in England and Wales with company number 0294316, whose registered office is at Nottingham Road, Belper, DE56 1JT, United Kingdom ("Glow-worm") provides this Glow-worm MYSTERY TRIP 2022 ("Promotion"), which is open to applicants, over the age of 18 years, who are resident in mainland United Kingdom. For the avoidance of doubt, mainland United Kingdom excludes, without limitation, the Channel Islands, Isle of Man and/or Northern Ireland ("Territory") ("Applicant", and the term "Applicants" shall be interpreted accordingly).

1.2 The Promotion is not open to any Applicant who is, at any time during the period indicated in clause 1.6 below, an employee of:

(a) Vaillant Group; or

(b) any other member of Vaillant’s group of companies; or

(c) any marketing services agency, handling house or other company involved directly with the administration of the Promotion;

or any member of any of such employees’ households.

1.3 The Promotion is open to Applicants who are Glow-worm Club Energy scheme members who have been accepted on the Glow-worm Club Energy scheme, are Gas Safe Registered or OFTEC Registered and are resident in the United Kingdom. You will not be eligible to enter the Promotion if you are a merchant, specifier, contract customer or consumer. All partners of the Applicant taking part in the promotion need to be over the age of 18 to participate.

1.4 Should the Applicant terminate their Club Energy account, their promotion page will be removed and they will be exempt from the Promotion from the date of transfer.

1.5 The Promotion begins at 12.01 GMT on the 7th June 2022 and expires at 23.59 GMT on 31st May 2023 ("Period"), unless extended or terminated by Glow-worm at any time.

1.6 To qualify for the Promotion or Rewards (as defined below below) the Applicant must, in the Territory and during the Period:

(a) install and register via the Club Energy app or website, one of the following Glow-worm products:

I. Energy;

II. Ultimate;

III. Easicom;

IV. Compact;

V. MiGo, Miset Climapro, Senor RF, Control System Pro;

VI. Glow-worm Power Filter

(each a “Qualifying Product” and together the “Qualifying Products”); and

(b) register the Promoter’s guarantee of the relevant Qualifying Products at https://www.glow-wormclubenergy.co.uk/ and;

1.7 Qualifying Products listed in paragraph 1.7 above will qualify for reward points (“Points”) which can be used to claim the Rewards (as defined below).

1.8 The Applicant shall only collect Points which count towards the Promotion from Qualifying Products after the date it has been accepted on to the Promotion by Glow-worm.

1.9 Any Glow-worm products purchased and installed during the Period may be registered via the Glow-worm Rewards programme website stated in paragraph 1.7(b) above. However, only the Qualifying Products will qualify for Points which can be used to claim the Rewards.

1.10 Each Qualifying Product registration will earn each Applicant:

(a) 10 Points for a boiler (excluding Betacom); and

(b) 1 Point for a control or fitter.

1.11 The Promotion only applies to Qualifying Products which have been supplied and distributed by Glow-worm within the Territory.

1.12 Any Points registered outside the Period will be deemed invalid for the Promotion.

2. The Rewards

2.1 The Reward that the Applicant is able to claim will be determined by the number of Points accrued. The amount of Points an eligible Applicant will need to accrue per Reward is a personalised targeted amount set by Glow-worm working from the previous year’s number of installations, if known (the “Target”). Each Applicant will receive their Target on their Club Energy account incentive homepage, which they will need to accept in order to take part in the Promotion.

2.2 The Applicant will earn a Reward, subject to availability, by reaching a percentage of their full Target. There are four levels an Applicant can reach which can earn them the following Rewards at the end of the Period:

(a) Level 1 – the Applicant will earn £100 if they reach 20% of their Target;

(b) Level 2 – the Applicant will earn £200 if they reach 60% of their Target;

(c) Level 3 – the Applicant will earn £300 if they reach 80% of their Target. The Applicant will also have the opportunity to register their interest in a regional event ("Event"). Spaces for the Event will be allocated on a 'first come, first served' basis at the end of the Period to Applicants who are eligible for a Level 3 Reward; or

(d) Level 4 – the Applicant will earn £400 (the "Cash Reward") if they reach 100% of their Target. These Applicants will also be placed in a league table with other Applicants and, subject to clause 3.1(a), should they qualify top of their league, they will have the option to choose between either: (i) the Cash Reward, or (ii) a weekend business trip to a mystery location revealed at a later date (“Trip”),

(each a “Reward” and together the “Rewards”).

For the avoidance of doubt, Applicants will only be rewarded with one Reward, based on the percentage of Target achieved (as set out above). Rewards do not accumulate.

2.3 The Reward is not transferable and there is no cash alternative other than the offered Cash Reward option. In the event that the Reward chosen by the Applicant is not available, for whatever reason, Glow-worm reserves the right to substitute the Reward with product(s) of equal or greater value at any time.

2.4 The Reward or any promotional item(s) must not be auctioned or resold. Glow-worm reserves the right to refuse to accept further entries under the Promotion if it becomes aware of the reselling or auctioning of the Reward or any promotional item(s).

2.5 To claim the Reward, the Applicant must log in to their reward account (“Account”) found at https://www.glow-wormclubenergy.co.uk/ and select the Reward of their choice before 14th July 2023 (“Closing Date”). The Applicant will not be able to select Rewards for which they have insufficient Points.

2.6 Glow-worm will arrange for the Cash Reward, where selected by the Applicant, to move into the Applicants cash balance on their Account. Where relevant, the Applicant will be contacted directly via e-mail to confirm their space on the Trip within 10 working days of application and then again with travel details.

2.7 Glow-worm does not accept responsibility for delayed or incorrectly submitted entries or Points which are not submitted via an Account.

3. The Trip

3.1 In addition to the qualification rules at paragraph 2 above:

(a) only the top 45 Applicants to meet the Target shall each qualify. Spaces on the Trip are allocated to the installers in the top spaces of their respective leagues, at Vaillant's discretion. Once all spaces are taken, the Cash Reward option is the only Reward available in respect of that tier;

(b) the Trip shall be awarded to the Applicant being a limited company, plc, partnership or sole trader. The Applicant shall then nominate an individual employed by the Applicant to partake in the Trip (“the Traveler”) together with one guest Traveler (“Guest Traveler”). The Trip is non-transferable.

3.2 For any Applicant found to be in breach of the Club Energy loyalty terms, Glow-worm reserves the right to remove an Applicants’ place from the Promotion.

3.3 The Trip includes for each Traveler and their Guest Traveler:

(a) return economy flights;

(b) return transfers to the accommodation;

(d) dinners each night of the Trip;

(e) luggage fees.

3.4 The following is not included in the Trip;

(a) breakfast, lunches and beverages where not specifically provided by Glow-worm;

(b) additional activity costs;

(d) holiday insurance;

(e) additional spending money; and/or

(f) any costs which relate in any way to Covid-19 (including, but not limited to, the cost of any vaccinations, treatment or accommodation incurred by the Traveler or Guest Traveler).

3.5 The Applicant shall ensure that each Traveler and Guest Traveler must:

(a) have a valid passport with six months validity at the date of travel;

(b) hold travel insurance for the Traveler and the Guest Traveler travelling on the Trip; and

For the avoidance of doubt, Vaillant does not accept any responsibility for the ability of the Traveler, Guest Traveler or any other person to travel on the Trip. Each Traveler and Guest Traveler are responsible for ensuring that their travel documentation (including, but not limited to, any requirements in relation to Covid-19) are satisfied.

3.6 If an Applicant:

(a) fails to provide all relevant documents to Glow-worm in accordance with clause 3.5 above; or

then the Applicant’s Reward will be forfeited. Any Applicant who forfeits their Reward will not receive any payment or compensation of any kind.

3.7 It is the Applicant’s responsibility to ensure that the contact details provided to Glow-worm are up to date and/or correct. Glow-worm accepts no responsibility for delivery and/or email to the wrong Club Energy account in the event that the Applicant failed to update their details, or such details being inaccurate.

3.8 The Applicant can decline its allocated spaces on the Trip up to four weeks before the trip date and claim a cash Reward instead.

3.9 Glow-worm shall keep a reserve list of Applicants that would like to attend on the Trip in case of Applicant’s declining places in accordance with clause 3.8 above. If an Applicant is allocated a place on the Trip as a reserve, it shall forfeit any Cash Reward that had previously been allocated to it by Glow-worm in respect of this Promotion’s Points.

4. The Promotion

4.1 The decisions of Glow-worm in respect of any and all aspects of the Promotion will be final and binding.

4.2 All Applicants warrant that entering into these terms and conditions is consistent with their own anti-bribery policies and warrant they shall continue to comply with the same.

4.3 Applicants shall comply with any obligations to customers to disclose benefits obtained with the existence of these terms and conditions.

4.4 Glow-worm will be entitled to collect, store and use the email address, name, telephone number and address of the Applicant from any registration details obtained, in accordance with these Conditions and Glow-worm’s privacy policy, as provided from time to time by Glow-worm at its website at https://www.glow-worm.co.uk ("Website").

4.5 Glow-worm reserves the right to change the qualification conditions for the Promotion. Glow-worm shall exercise reasonable endeavours to notify the Applicant of any such changes and shall do so via the Website.

4.6 Glow-worm reserves the right to amend or cancel the terms of the Promotion without notice.

4.7 Glow-worm regrets that it is unable to accept or send any other correspondence concerning the Promotion other than as set out in these Conditions.

4.8 The Promotion does not put an obligation on any Applicant to purchase products from Glow-worm or purchase products from any other company which is a subsidiary or affiliate of Glow-worm. The Applicant should only install the Glow-worm’s products where doing so is in the best interests of the end customer and regardless of the Promotion or any other incentive that might be offered to it. The Promoter recommends that the Applicant makes the end customer aware of the Promotion.

4.9 The Promotion cannot be used in conjunction with any other promotions that are run by Glow-worm or of any subsidiary or affiliate of Glow-worm.

5. Privacy, Copyright and Intellectual Property

5.1 Glow-worm may keep the Applicant informed of Glow-worm’s products and services by email, post and/or telephone, in accordance with:

(a) the consents provided by the Applicant in accordance with the terms & conditions applicable to all users of the applicable social media pages; and

(b) the consents provided by the Applicant to Glow-worm from time to time; and

5.2 The Applicant may write to Glow-worm if they do not want to receive any information in accordance with clause 4.1 above, or alternatively email Glow-worm at info@vaillant.co.uk.

5.3 The Applicant expressly authorises Glow-worm to provide the Applicant’s details to third parties, or such part(s) of their details as is necessary, to comply with these Conditions, and/or any applicable law.

5.4 The Applicant acknowledges that Glow-worm and/or other members of its group of companies are the owner of any and/or all Intellectual Property Rights relating to the names, logos, trade marks, products, services, get-up, van livery, trade dress, labels, stickers, promotional leaflets, flyers and posters used in the Promotion from time to time ("Marketing Materials"). For the avoidance of doubt, in these Conditions, Intellectual Property Rights means any and/or all patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

5.5 The Applicant acknowledges that any Marketing Materials provided to the Applicant by Glow-worm, any member of Vaillant’s group of companies, any other marketing services agencies, handling houses or other companies involved directly with the administration of the Promotion in accordance with these Conditions, may contain Intellectual Property Rights. The Applicant’s licence, if any, to use any such Marketing Materials and/or any of the Intellectual Property Rights in them, is solely for the Applicant’s benefit and the Applicant is prohibited from sub-licensing, assigning, transferring and/or dealing with any such Intellectual Property Rights and/or Marketing Materials in any way.

5.6 The Intellectual Property Rights in the Glow-worm name and logo are owned by Vaillant GmbH, a company registered in Germany whose registered office is Berghauser Str. 40, Remscheid, Germany, 42859.

6. Liability

6.1 Nothing in these Conditions shall limit or exclude Glow-worm’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(e) defective products under the Consumer Protection Act 1987.

6.2 Subject to clause 5.1 above:

(a) Glow-worm shall under no circumstances whatever be liable to the Applicant in respect of this Promotion, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Promotion;

(b) Glow-worm shall under no circumstances whatever be liable to the Applicant in respect of the choice, quality, relevance and/or appropriateness of the Reward, and/or any injury or damage caused by or arising from their use of the Reward; and

(c) Glow-worm’s total liability to the Applicant in respect of all other losses arising under or in connection with any entry made under the Promotion and/or the Reward, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Reward.

6.3 The Applicant shall keep Glow-worm indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered and/or incurred by Glow-worm as a result of or in connection with any claim made against Glow-worm by a third party arising out of or in connection with the Promotion, to the extent that such claim arises out of or is contributed to by the breach by the Applicant and/or its employees, agents or subcontractors of these Conditions.

6.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Conditions.

6.5 Glow-worm is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that this prevents the Applicant from or otherwise obstructs the Applicant from participating in the Promotion.

6.6 The Applicant shall be liable for any and/or all taxation liabilities that may arise under or in accordance with the Promotion ("Tax Liability"). For these purposes, Tax Liability shall include any and/or all of the following:

(a) income taxes, including any taxes arising from benefit in kind taxes;

(b) National Insurance; and

(d) any other relevant corporate tax or other tax liabilities.

7. Fraud and Other Events

7.1 Glow-worm reserves the right to audit each entry to ensure that these Conditions have been met and to request reasonable additional information, and supporting documents, regarding an entry.

7.2 Glow-worm reserves the right to modify or discontinue, temporarily or permanently, the Promotion with or without prior notice due to reasons outside its control including, but not limited to, anticipated, actual or suspected fraud.

7.3 Glow-worm shall not be liable for any failure to comply with these Conditions where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, acts of God, adverse weather, fire, flood, computer virus, mobile phone failures, bugs, sabotage, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion or unrest, terrorism or supervening legislation. Accordingly, Glow-worm may at its absolute discretion vary or amend the Promotion and the Applicant agrees that no liability shall attach to Glow-worm as a result.

7.4 Submission of a false, incorrect, misleading or fraudulent entry, information or other supporting documentation may result in disqualification from this Promotion and/or all future promotions run by Glow-worm and in the Applicant being subject to prosecution.

8. General

8.1 The parties agree that the Conditions constitute the entire agreement between them, and supersede all other drafts, agreements, arrangements and understandings between them, and any terms contained in any of the Marketing Materials.

8.2 The Promotion and these Conditions shall be governed by the law of England and Wales.

8.3 The Applicant and the Promoter irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales. However, if the Applicant is a consumer and is resident in Scotland, the Applicant may also bring proceedings in Scotland.

9. The Promoter

9.1 The promoter is Vaillant Group UK Limited, a company registered in England and Wales with company number 00294316 and whose registered office is at Nottingham Road, Belper, Derbyshire, DE56 1JT.

9.2 Applicants and/or Applicants should not send requests to enter the Promotion to any address set out in these Conditions, as they will not qualify for the Promotion and will not be responded to.

9.3 For questions regarding the status of an entry, please email: info@vaillant.co.uk.