Terms and Conditions

Terms & Conditions applicable to Participants in the Sharing Screen Time Campaign (the ‘Campaign’)
These Terms and Conditions (T&Cs) govern your participation in the Sharing Screen Time Campaign and constitute an agreement between yourself (the ‘Participant’) and Francis Busuttil and Sons (Marketing) Limited (‘FBSM’).
A. The Sharing Screen Time Campaign
Participants may take part in the Sharing Screen Time Campaign (‘Campaign’) being organised by FBSM by purchasing one of M&M’s or Maltesers products: M&M’s Peanut 300g, M&Ms Chocolate 300g or Maltesers 175g distributed by FBSM and following the steps of  section “C. Participation” of this document, subject to acceptance of these T&Cs.
B. Duration of Campaign
The Campaign shall commence on 1st January 2021 and shall end on 28th of February 2021 (the ‘Campaign Period’), both dates included. FBSM reserves the right to cancel, shorten, extend, terminate and/or suspend the Campaign Period or otherwise modify or cancel the Campaign at its discretion and at any time.
C. Participation
In order to participate in the Campaign, one needs to follow the steps:
  1. Purchase any 2 of the M&M’s or Maltesers products listed below distributed by FBSM:
    1. M&M’s Peanut 300g (with FBSM address on the back of the packaging),
    2. M&Ms Chocolate 300g (with FBSM address on the back of the packaging),
    3. Maltesers 175g (with FBSM address on the back of the packaging).
  1. On M&M’s Malta Facebook page (https://www.facebook.com/mmsmalta ) find the competition post related to competition period:
    1. Period 1: From 1st to 17th of January 2021 – post dated 1st of January 2021.
    2. Period 2: From 18th to 31st of January 2021 – post dated 18th of January 2021.
    3. Period 3: From 1st to 14th of February 2021 – post dated 1st of February 2021.
    4. Period 4: From 15th to 28th of February 2021 – post dated 15th of February 2021.
 
 
  1. Perform the competition task as follows: under the related competition post on the M&M’s Malta page post a creative answer which movie and why is the best to watch with your family or friends. With the answer should be posted picture showing any 2 full promotional products’ packs and purchase receipt of those products. 2 friends should be tagged in the same post.
  2. The prizes will be given to those Participants who post the most creative answer during one of the competition periods. The most creative answers will be chosen after each competition period by commissioning a panel of 3 FBSM employees.
  3. The winners will be contacted via Facebook private message. FBSM will ask the winners to provide them with a contact number in order to be able to communicate with them to pick up the prize. FBSM reserves the right to select another winner should the first winner/s not respond to the Facebook private message within twenty-four (24) hours.
  4. Results will be made official on the M&M’s Malta Facebook Page within a week of the end of the period of the competition.
  5. By taking part of in this Campaign, the Participant tacitly accept these T&Cs.
  6. All wrappers and receipts must be kept by the Participant. The winners of the Campaign Prizes shall be requested to submit the wrapper and the receipt. Failing to do so may result in the forfeit of the Campaign Prizes.
 
D. The Campaign Prizes
  1. The prizes of the Campaign are listed below (‘Prize/s’):
    1. Period 1: From 1st to 17th of January 2021 – 2 x Toshiba Smart TV 43” (value €299 each)
    2. Period 2: From 18th to 31st of January 2021 – 2 x Toshiba Smart TV 43” (value €299 each)
    3. Period 3: From 1st to 14th of February 2021 – 3 x Toshiba Smart TV 43” (value €299 each)
    4. Period 4: From 15th to 28th of February 2021 – 3 x Toshiba Smart TV 43” (value €299 each)
                             
  1. The winning answers will be published on the FBSM Social platforms.
  2. The winner/s will be asked to provide proof of identification before the prize may be collected and the Campaign Prize winners shall be presented with the respective prize upon presentation of a valid identification document.
  3. The Campaign Prizes cannot be exchanged for any other offer.
  4. FBSM shall not be liable for or be obliged to replace any lost or stolen Campaign Prizes.
E. Eligibility and Participation
  1. This Campaign is open to any Participant who is a resident of Malta or Gozo, is over eighteen (18) years of age, has purchased any of M&M’s or Maltesers products listed in Section C and has completed the competition task.
  2. FBSM employees shall not be eligible to participate in this Campaign.
  3. The Participant must have a Facebook account to enter and must participate by using his/her Facebook account.
  4. Participants may enter the competition once with every purchased product (with a new receipt).
  5. Participants found with double entries with the same receipt will be disqualified.
 
F. Privacy
Your personal data processed for the purposes of this Campaign shall be processed in accordance with the data protection policy available here 
G. Modifications and Termination of the Campaign
  1. FBSM reserves the right to modify any of the T&Cs set forth herein.
  2. A Participant’s participation in the Campaign constitutes the Participant’s acceptance to these T&Cs as may be amended from time to time. Participants are responsible for keeping up to date with any changes that FBSM may make to these T&Cs. The most current version of the T&Cs will be made available on the M&M’s Malta Facebook page and will supersede all previous versions of these T&Cs.
  3. For the avoidance of doubt, any cancellation, revision, termination or suspension by FBSM of the Campaign shall not entitle any Participant to any claim or compensation from FBSM for any and all loss or damage suffered or incurred by any Participant as a direct or indirect result of the act of cancellation, revision, termination or suspension.
 
H. Miscellaneous
  1. FBSM reserves the right to discontinue the participation privileges of any Participant who engages in any improper activity or uses the Campaign in a manner inconsistent with these T&Cs or any national law. In addition to termination of participation privileges, FBSM shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
  2. FBSM’s decision on all matters relating to the Campaign will be final and binding.
 
  1. FBSM and its respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Campaign or the production or distribution of Campaign materials shall not be held responsible or liable in the event of a printing error or irregular packaging. In such cases we encourage you to file a complaint on info@fbsmarketing.com.
  2. To the fullest extent permitted by law, by participating in this Campaign, each and every Participant is agreeing that he/she will not hold FBSM  and its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that FBSM may engage for the purposes of this Campaign), liable for any loss or damages that he/she may incur, in connection with the Campaign.
  3. Prizes in this Campaign are offered at the discretion of FBSM and the company reserves the right to modify the terms and conditions of participation or any other aspect of competition at any time, with reasonable notice being given to the data subjects, even though such changes may affect the prize value. Participants will understand that the most recent version of the terms will be updated on Facebook page or any other portal. Any participant may object to the modification of the competition and / or its terms by deleting the posted photo and no longer participating.
I.Limitation on Liability and Warranties.
FBSM will not be responsible or liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise that arises out of or is in any way connected with:
  • the Campaign
  • Any failure or delay by FBSM with the Campaign
  • The performance or non-performance of the Campaign by FBSM even if the latter has been advised of the possibility of damages
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. If, despite the limitation above FBSM is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of fifty Euros (€50).  
FBSM makes no warranty of any kind regarding the Campaign which is provided on and “as-is” and “as-available” basis. FBSM expressly disclaims any representation or warranty that its Campaign will be error free.
FBSM expressly disclaims all warranties and conditions including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising by statute or otherwise in law or from a course of dealing or usage or trade.
 
J. Taxes.
Determination and payment of tax liability on awards, including income tax, if any, are the sole responsibility of the winner.
K. Acts Beyond Francis Busuttil & Sons Marketing Limited Control.
 
The failure of FBSM to comply with these T&Cs because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities, or for any other reason beyond the reasonable control of FBSM, shall not be deemed a breach of the T&Cs. If any such contingency shall last for more than sixty (60) days, FBSM shall have the right to terminate the Campaign immediately by giving notice and shall have no further liability to any Participant.
 
L. Governing Law.
The laws of Malta, without regard to its conflict of laws principles, will govern these T&C’s, as well as the Participants and FBSM’s observance of them. If you take any legal action relating to your use of this competition or these T&C’s, you agree to file such action only before the courts located in Malta.
 
M. No Waiver.
FBSM’s failure to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FBSM in writing.
N. Captions.
The headings in these T&Cs are for your convenience and reference only. These headings do not limit or affect these T&Cs.
 
O. Complete Agreement.
These T&Cs, together with those items made a part of these T&Cs by reference, make up the entire agreement between FBSM and Participants relating to the Campaign, replaces and supersedes any prior understandings or agreements (whether oral or written) regarding the Campaign. If a court finds any of these T&Cs to be unenforceable or invalid, those term(s) will be enforced to the fullest extent permitted by applicable law and the other T&Cs will remain in full force and effect.