This is website (“site”), is owned Telefonica UK Limited and operated by Bauer Consumer Media Limited (together being referred to as the “GoThinkBig Team”, “we”, “us” or “our”) for the purposes of the GoThinkBig project which is an initiative between Bauer Consumer Media Limited (“Bauer”) and Telefonica UK Limited (“Telefonica”) to offer work experience, assistance and career advice to young people looking to find experience and to improve their ability to find work in the UK.
Bauer is an English company registered under company number 01176085. Its registered address is 1 Lincoln Court, Lincoln Road, Peterborough, England PE1 2RF (VAT Registration Number is 918 561701).
Telefonica is an English company registered under company number 1743099. Its registered address is 260 Bath Road, Slough, SL1 4DX.
These terms and of use (“Terms”) (together with the documents referred to in it) tells you the terms on which you may use our site, whether as a guest or as a registered user. Please read these Terms carefully before you start to use the site. By using our site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please do not use our site.
Please also read our Privacy Policy which explains how we will use any information about you that we receive. The Privacy Policy forms part of these Terms.
Additional terms may apply to particular services offered by us (“Additional Terms”). These Additional Terms will be set out at the point of access to the relevant service. If there is any inconsistency between the Additional Terms for a particular service and these Terms, the Additional Terms will prevail.
Certain parts of our site may require you to complete a registration form. If you are asked to do so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain up-to-date Registration Data (by sending an email to datapromise@bauermedia.co.uk) to keep it true, accurate, current and complete. Our use of Registration Data and certain other information about you is subject to our Privacy Policy.
When you register on our site, you will be given a username and/or password that gives you access to your website account. You are responsible for keeping your username and password confidential, and are responsible for all activities that occur through your website account. You must (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security, by sending an appropriately worded email to dataprotectionofficer@bauermedia.co.uk, and (b) ensure that you exist your website account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
Unless otherwise stated, the content of our site (including without limitation, software, graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our site) (the “Content”) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. The GoThinkBig Team (and/or our licensors) own the Content. Nothing in these Terms grants you a right or licence to use the Content except as expressly provided herein.
Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use our site and to view, download for caching purposes only, and print pages from our site for your own personal use.
“User Content” means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) you upload, share or submit to our site. Whenever you upload User Content to our site, or to make contact with other users of our site, you must comply with the Rules of Acceptable Use, set out below.
You shall remain the owner of the copyright in any original User Content that you upload, share or submit using our site and the permission you grant to us below is not exclusive. You may continue to use your own User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms.
You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Content that you upload, share or submit to our site , which includes the right to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge that your User Content may be made available with advertising and/or sponsorship. You agree to waive any moral or similar rights in any jurisdiction that you may have in and to your User Content, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
When you upload, share or submit User Content using our site you are making it available to the general public. This means that all users of our site may be able to view and access your User Content. Please do not upload your User Content if you do not want it to be available to the general public.
You warrant that:
You shall indemnify us for any breach of the warranties set out above.
Personal profiles and any discussion forums or pages of our site where you are capable of posting material (including User Content) are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of our site that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums and our site generally is subject to the following rules which, by your use of the forums and the website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
You must not:
The GoThinkBig Team accept no responsibility for any statements, material (including User Content) or other submissions placed on our site by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
We reserve the right to edit or remove any material and User Content uploaded to our site, for any reason whatsoever.
We do not undertake to monitor the submission or publication of User Content or users’ use of our site.
Competitions and other promotions are subject to additional terms (see below). Please view the general terms and conditions which apply to all of our competitions and which specifically form part of these Terms of Use (“Competition Terms”). These general terms and conditions may be varied or supplemented by terms specific to each particular competition or promotion. Any specific terms will be brought to your attention when appropriate and prior to you submitting your entry.
When registering as a member of our site or interacting with other services offered by us via our site it may be necessary for you to provide some personal information to us. We will keep your personal information secure and will use it only in accordance with our privacy policy (at Privacy Policy). All personal information held by us will be held in accordance with the terms of applicable data protection laws.
We welcome 'hot links' and deep-links to our site, by which we mean that you may include a link to any page of our site on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email syndication@bauermedia.co.uk.
If you operate your own website, you can display the latest headlines from other websites on your own site using RSS. We encourage the use of feeds as part of your website, provided that the proper format and attribution is used when any of our content appears. You may not use any Bauer, Telefonica or GoThinkBig brand, logo or other trade mark alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
Our site may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own risk.
Third party links do not imply that the GoThinkBig Team endorses, is affiliated or associated with any linked website, or is legally authorised to use any intellectual property accessible through such links.
We do not view, edit or pre-screen any contribution (including User Content) that is uploaded to our site. Comments, reviews and/or feedback (“Comments”) relating to you, may be published on our site and may be critical or defamatory. We assume no responsibility or liability for any Comments uploaded or published by users.
We have the right (but not the obligation) at our sole discretion to remove any Comments, User Content or other material that is uploaded or posted to our site without the need to give any reasons for doing so.
Notwithstanding the foregoing, you can report any abuse or complain about any Comments, User Content or other Content on our site by sending an email to dataprotectionofficer@bauermedia.co.uk outlining the abuse or complaint.
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content infringes your copyright, you must provide us with a written notice by email to dataprotectionofficer@bauermedia.co.uk which states:
This ‘notice and takedown’ procedure is regulated by statute. There may be negative consequences if you falsely allege User Content is infringing your copyright or send a copyright infringement notice to us in bad faith. We recommend that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the User Content, or whether there has been an infringement of your rights.
We have a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer is a user who has submitted two or more items of User Content for which the GoThinkBig Team receives a copyright infringement notice in accordance with this section. If your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a breach of this clause.
We reserve the right to modify, suspend or discontinue any service offered by us or any part of it (including the availability of any features of or pages on our site) at any time and without notice or liability to you. We are also entitled to suspend or terminate your membership or access to any part of our site at any time if you breach these Terms.
Notwithstanding the above, we will try to warn users that their access to our site and/or their membership may be suspended or terminated.
User Content that you have uploaded or submitted using our site may still appear on our site even after your registration has terminated. We shall continue to have the right to use your User Content in accordance with the licence granted to us under these Terms.
You use our site and the services offered by us at you own risk. Our site, the Content, the User Content and other services offered by us are provided “as is” and on an “as available” basis. The content and information displayed on our site is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our site, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, Bauer (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our site, including, without limitation, any liability for:
Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our site, the Content, the User Content or any services offered by us, or arising from any breach or suspected breach of these Terms by you or your violation of any law or third party rights.
We reserve the right to vary these Terms from time to time. Such variations become effective immediately upon the posting of the varied Terms on our site. By continuing to use our site you will be deemed to accept such variations. Please check our site regularly to ensure you are familiar with the current version of the Terms and Privacy Policy. If you do not accept any of the modifications, revisions or amendments to these Terms, you should stop using our site and the services offered by us immediately.
If any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
These Terms of Use are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
These Terms, together with our Privacy Policy, Competition Terms and any Additional Terms, constitute the entire agreement between you and us in relation to your use of our site and supersede all previous agreements in respect of such use.
These Terms are governed by English law, and any disputes will be subject to the exclusive jurisdiction of the English courts.
These Terms were last updated in October 2012.
Competition general terms and conditions
1. THESE TERMS AND CONDITIONS
1.1 These terms and conditions (which we will refer to as our "General Terms") are the overarching general terms and conditions that apply to all the competitions controlled by Bauer Consumer Media Limited in connection with the GoThinkBig Project. We refer to all these competitions as the "Competitions" in these General Terms.
1.2 Competitions may also have their own specific terms and conditions (such as the details of how to enter, what the opening/closing dates are and what sort of prize you may win). Any such Competition-specific terms and conditions will be made available by means of the relevant media as part of the website or in-print promotion of the particular Competition. In these General Terms, we will refer to these Competition-specific terms and conditions as the "Specific Terms".
1.3 You should therefore read these General Terms in combination with any applicable Specific Terms. Where any such Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
1.4 We may change these General Terms at any time. You should check our website or magazine regularly for any changes which will apply from the date that they are uploaded.
1.5 By entering any Competition you agree that you will be legally bound by these General Terms and also any applicable Specific Terms.
2. IDENTITY OF THE PROMOTER OF THE COMPETITION
2.1 The "promoter" of a Competition is the person who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be Bauer Consumer Media Limited ("the Promoter").
2.2 Bauer Consumer Media Limited is a company registered in England and Wales. You can write or email us using the following addresses if you have any concern in relation to any of our Competitions, setting out clearly the name of the Competition and your issue:
(b) Project Manager, GoThinkBig, Endeavour House, 189 Shaftesbury Avenue, London WC2H 8JG.
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Unless we impose a particular age limit in relation to any of our Competitions, they are open to all persons resident in the UK at the date of their entry. We reserve the right to require that the parent or guardian of any person aged 18 or less confirms in writing that they agree to be bound by these terms and conditions and will accept any prize on behalf of an under-18 prizewinner.
3.2 Certain Competitions may have additional eligibility requirements, such as valid passports, visas, driving licences, good physical health and so on. Any such additional eligibility requirements will be publicised to entrants in the relevant Competition.
3.3 Where Competitions are open to children (aged 15 or younger) and/or young persons (aged 16 or 17), the age requirements will be publicised to entrants in the relevant Competition.
3.4 It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
3.5 Employees of the Promoter and their immediate families may not enter any Competition: neither may the employees of any third party sponsors, prize providers or their immediate families.
4. ENTRY AND ENTRY METHODS
4.1 Premium rates: Competition entry may be by premium rate landline or mobile texts or calls. Your network provider may also charge varying amounts for these types of call and so the cost of your call may be more than as stated by us. In all cases you should check with your network provider. You should note that invalid or unsuccessful entries made via these methods may still be charged. In all cases, you should have the bill payer's permission to enter using a premium rate method. Where entry is by telephone, entries that are submitted before lines open or after lines close will not be entered in the Competition but we cannot guarantee that entrants will not be charged for the call or text made.
4.2 SMS: Where a Competition asks you to enter using SMS, you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or shortcode and must include the correct keywords or other answer format as required by the specific Competition. Entries which fail to do so will be void.
4.3 PhonePayPlus: We will always comply with the PhonePayPlus code of conduct in relation to premium rate competitions. PhonePayPlus is the UK regulator of premium rate services and you can access their details here: http://www.phonepayplus.org.uk/output/default.aspx.
4.4 Deficient entries: In all Competitions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of our station that is running the Competition in question. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
4.5 Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
4.6 Names: Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
4.7 Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
4.8 Prize Limits. No person or persons at the same residential address may win more than one prize valued at £500 or more via any of our Competitions in any six (6) month period.
4.9 Retrospective Effect. Where an entrant or prizewinner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions set out in rules 4.5 to 4.8 above, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prizewinner in question.
5 PRIZES
5.1 We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prizewinner's parent or guardian on behalf of the prizewinner.
5.2 All prize winners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition via at least one of the following methods:
(a) by telephone;
(b) by email;
(c) in writing.
5.3 Prizes will be despatched to the winners via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
5.4 Prizes will only be delivered to an address within the UK. Should a prize winner's contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
5.5 We reserve the right to request proof of a prize winner's identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize winner.
5.6 All prizes are subject to availability, non transferable and non exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified by us. If a prize winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the winner. No cash will be awarded in lieu of that prize or part of it.
5.7 Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
5.8 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.9 All stated prize values are at the supplier's recommended retail price in pounds sterling and are correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of a cheque in the name of the prizewinner. Any other arrangement will be at our discretion.
5.10 No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue or an event are not included and any accommodation prize includes basic room charge only.
5.11 Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. Subject to paragraph 19.2, Bauer shall have no liability in relation to any prize provided by a third party provider.
6. HOLIDAY PRIZES
6.1 Because of their complexity, we have certain special terms that apply to holiday prizes. These are set out in this paragraph 6 below. Where holiday prizes include a place for a travelling companion (i.e. a holiday for the prize winner plus guest) then these terms also apply to those persons.
6.2 Unless otherwise stated, insurance is not provided as part of any holiday prize. It will be each prize winner’s and (if applicable) their travelling companion's responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to be taken. All insurance, spending money and other expenses, unless otherwise stated, are costs for the prize winner and are not provided as part of any holiday prize. Unless stated otherwise, holiday prizes consist of flights and accommodation only.
6.3 Unless otherwise stated, holiday prizes do not include airport departure or government taxes. These must be paid by the prize winner and any travelling companion.
6.4 The prize winner and any travelling companions must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to prize winners and/or their travelling companions. We shall not be responsible for ensuring your ability to travel to your holiday destination nor for any additional costs incurred should you be refused entry.
6.5 Unless otherwise stated, all holiday prizes must be taken within six (6) months of the closing date of the relevant Competition or the prize will lapse. Holiday prizes are also usually subject to terms and conditions required by the provider which will apply to the prizewinner.
6.6 It is the responsibility of the prize winner and any travelling companions (if applicable) to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination. We will not be responsible for any loss or damage suffered by any prize winner and their travelling companions (if applicable) arising out of their failure to follow any travel advisories issued by the Government.
6.7 The prize winner and their travelling companions (if applicable) must comply with and are responsible for obtaining any inoculation and health regulations required by any holiday prize destination country.
6.8 We will not be liable or responsible for any loss or damage suffered by any prize winner or their travelling companion (if applicable) should any prize winner or their travelling companion (if applicable) not redeem a holiday prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries or for any other failure on their part to travel. In particular, we shall have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winner and/or their travelling companion (if applicable) fail to redeem a holiday prize for any reason.
6.9 Prize winners and their travelling companions must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
6.10 Where the United States of America is a holiday prize destination, the prize winner and any travelling companion will be required to apply for an Electronic System for Travel Authorisation (ESTA). Applications must be submitted no later than three (3) days prior to the departure date. Should this form not be lodged by both the winner and within this time, they will be ineligible to enter the United States of America and will therefore forfeit their holiday prize.
7. EVENTS PRIZES
7.1 Where the prize for any of our Competitions involve the winner's attendance at (or tickets to) an event, the prize winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the winner (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
7.2 Entrants proposing to redeem prizes involving, or participating in any Competition where it involves, travel, stunts or physical challenges should notify us of any medical condition and we may at our absolute discretion require as a condition of entering the Competition or receiving the prize to:
(a) submit to a medical examination by a medical practitioner approved by us and obtain medical clearance to participate in the Competition and/or redeem the prize; and/or
(b) execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
7.3 Where prizes comprise or include "meet and greet" elements with celebrities, the prize may be subject to the availability of the celebrity in question and we will have no liability for any inability or failure of any prizewinner to attend any "meet and greet" session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
8. UNCLAIMED PRIZES
8.1 All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
8.2 We reserve the right to award prizes unclaimed after this period to alternative prize winners or not to award them at all.
8.3 If you call to claim a prize from a "withheld number" line you must provide us with your contact details: otherwise we may be unable to contact you and you may as a result forfeit your prize.
9. PUBLICITY AND PERSONAL INFORMATION
9.1 The personal information supplied by entrants when entering our Competitions will be used by us in accordance with the privacy policy applicable to our website and/or radio station in which the Competition appears, as the case may be. You should always read the applicable privacy policy as your entry in the relevant Competition is an agreement to be bound by the applicable privacy policy. All entrants may have their details removed from our database by contacting us. If details are removed prior to the conclusion of the Competition and/or award of prize(s), entrants will however forfeit their right to claim any prizes.
9.2 Should an entrant be required to submit a third party’s personal information as a part of entry into or participation in any Competition, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competitions.
9.3 It is a condition of your entry to our Competitions that we have the right to publicise, broadcast and communicate to the public the names, home towns, characters, likeness and voices of entrants to our Competitions for the running of the Competitions and matters incidental to the Competition.
9.4 In particular, entrants consent to their entries to radio Competitions being read out on air and/or to their conversations with our presenters being broadcast on air and communicated to the public on our website/s.
9.5 All entrants and particularly prize winners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions.
9.6 Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
9.7 No fees shall be payable to any entrant in relation to their entry in any Competition.
10. PHOTOGRAPHS AND VIDEOS
10.1 Should any Competition require entrants to submit a photograph or video clip, as a part of entry into or participation and used in the Competition (collectively, "Photograph"):
(a) entrants warrant that they are the person in the Photograph or have prior approval from the person in the Photograph that it may be submitted as part of their entry;
(b) entrants agree that we have the right to publish and communicate to the public the Photographs in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the Competition;
(c) entrants acknowledge that we may edit the Photographs in our sole discretion;
(d) entrants agree that we have the right to use entrants' names, likenesses and other personal information in conjunction with the Photographs;
(e) entrants agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photographs;
(f) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs; and
(g) entrants aged under 18 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).
11. DRAWS
11.1 Where any prize is awarded via a prize draw, prize winners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition closing date.
11.2 If we become aware that the same person has been selected as a prize winner more than once, we will draw another name.
12. COPYRIGHT
12.1 By entering our Competitions all entrants:
(a) assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
(b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;
(c) undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
(d) Confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
12.2 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
13 MINORS
13.1 If any prize winner is a child or young person (i.e. under the age of 18) we may require that the terms and conditions applicable to the Competition (including these General Terms) be signed by the prize winner's parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prize winner's parent or legal guardian.
13.2 Holiday prizes are not available to persons under the age of 18 without written consent from a parent or legal guardian and unless accompanied by a parent or legal guardian.
13.3 Where entrants or prize winners are required by us to sign a release or other document before participating in a Competition and/or redeeming a prize and the entrant and/or prize winner is under the age of 18 years, such document must be signed by that person’s parent or legal guardian prior to their participation in the Competition and/or the prize being awarded.
14 TAMPERING AND OTHER MATTERS
14.1 If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
15 LEAVE FOR PARTICIPATION
Obtaining time off work and/or study or related activities to participate in a Competition and/or take a prize will be the sole and absolute responsibility of each contestant.
16 TERMINATION OF COMPETITION
The Promoter may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Competition is terminated.
17 DECISIONS FINAL
17.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
17.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
17.3 Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
18 FAILURE TO ENFORCE TERMS AND CONDITIONS
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
19 EXCLUSION OF LIABILITY
19.1 Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
19.2 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prizewinner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph 19.2 shall also apply in respect of any prize provided by a third party provider.
19.3 In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
20 LAWS
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.