IMPORTANT: The Prize Draw is subject to these PRIZE DRAW SPECIFIC RULES and the GENERAL TERMS AND CONDITIONS set out below (together, the “Prize Draw Terms”).
Entry into the Prize Draw constitutes acceptance of the Prize Draw Terms.
Please ensure that you have carefully read the Prize Draw Terms, in particular the Eligibility Criteria (paragraph 2 below), the Conditions of Venue entry (paragraph 9 below) and the Promoter’s liability to you (clause 10 of the General terms and Conditions).
For all enquiries in connection with the Prize Draw please contact our support team at events@foronenightonly.org, stating the name of the Prize Draw.
1. THE PRIZE DRAW
The “Promoter” is: HTYT LIMITED, a company registered in England Wales with company number 11499942, trading as “For One Night Only” or “FONO” (“we”, “us”, “our”).
The “Prize Draw” is: For One Night Only – Ed Sheeran
The Prize Draw will be open for entrants for the following “Promotion Period”: 25 August 2022, 00:00am – 28 September 2022, 11:59pm
The “Prize” is: Two (2) non-refundable, non-transferable, not-for-resale tickets to a performance by Ed Sheeran (the “Performer”), to take place at Union Chapel, 19b Compton Terrace, London, N1 2UN (the “Venue”) on 11th October 2022. Doors opening at 6:30pm and event starting at 8:00pm (the “Event”). The timings of the Event are subject to change.
The “Charity” means: The For One Night Only Fund (FONO Fund), which is administered by The Talent Fund (registered charity number 1185346).
2. ELIGIBILITY
2.1 The Prize Draw is only open to residents of the UK aged 18 or over at the time of entry and who are based in the UK at the time of entry.
2.2 In entering the Prize Draw, you confirm that you are eligible to do so and eligible to claim the Prize. The Promoter may require you to provide proof that you are eligible to enter the Prize Draw.
3. THE CHARITY
3.1
100% of your donations made via the Prize Draw will go to the Charity.
3.2
The Charity will retain from the donations the administrative costs which it incurs in order to run the Prize Draw (for example, to fund the associated costs with providing the entry methods, selecting the winners and distributing the Prizes and Free Gift. After this, the Charity will use all of the remaining donations to support the text messaging support service, “Shout”. Shout is the first service from Mental Health Innovations, a digital mental health charity (registered charity number 1175670).
4. HOW TO ENTER – ONLINE AND BY POST
4.1
During the Promotion Period, you may enter the Prize Draw via our partner platform Crowdfunder Ltd (“Crowdfunder”), using the following link: https://crowdfunder.co.uk/p/for-one-night-only-ed-sheeran. Entry via Crowdfunder requires you to make a £10 donation, which will be sent to the Charity in accordance with paragraph 3 above.
4.2
All entries via Crowdfunder may be subject to separate terms and conditions between you and Crowdfunder, including (without limitation) Crowdfunder’s Terms of use, Privacy policy and Cookie policy.
4.3
FREE ENTRY AVAILABLE: during the Promotion Period, you may also enter the Prize Draw via a post, by sending a letter or postcard (“Entry Letter”) to For One Night Only, PO Box 73438, London SE14 9EY. Your Entry Letter must clearly state (in legible handwriting or print): (i) the name of the Prize Draw, “For One Night Only – Ed Sheeran”, as set out in paragraph 1 above; (ii) your full name; and (iii) your email address, so that we can contact you if you win. For the avoidance of doubt, you are responsible for the costs of postage related to your entry.
4.4
Your entry must be received by us before the end of the Promotion Period in order to count. Please ensure any Entry Letters are posted with enough time to allow for late or slow delivery. The Promoter does not accept proof of posting or transmission as proof of receipt of an entry to the Prize Draw. The Promoter does not take any responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
4.5
For the safety of our entrants, and to ensure that everyone has an opportunity to win a Prize, you can only enter the Prize Draw a maximum of twenty (20) times in total via the Crowdfunder route and twenty (20) times in total via the postal entry route. Any entries above this limit will not be counted and you may still be charged.
5. HOW TO ENTER – BY TEXT
5.1
During the Promotion Period you may enter the Prize Draw via text message by texting “ED” to 84903.
5.2
Text messages will be charged a £10 donation, charged via your mobile phone bill, which will be sent to the Charity in accordance with paragraph 3 above. This donation will show on your mobile phone bill as a charge to 70170.
5.3
FREE ENTRY AVAILABLE: after submitting your entry to the Prize Draw via text message, you will be sent an automatic bounce-back text message, giving you the option to opt-out of the £10 donation by responding with the word “CANCEL” within 60 minutes. If you choose to opt-out, you will not be charged the £10 donation and your entry into the Prize Draw will still be counted.
5.4
All of your text messages to us will also be charged at your standard network rates. Standard rate text messages to promotional numbers may not be included in ‘inclusive’ phone tariff packages and, where this is the case, you will still be charged. In all cases, please check with your service provider for more details and charges. If you are not the bill payer, you must obtain the bill payer’s permission before entering.
5.5
We are not responsible for any latency experienced by your mobile phone network, which may delay the delivery of text messages to and/or from us.
5.6
For the safety of our entrants, and to ensure that everyone has an opportunity to win a Prize, you can only enter the Prize Draw a maximum of twenty (20) times in total via text message. Any entries above this limit will not be counted, and you may still be charged.
5.7
The Prize Draw’s text message entry system is managed by the Promoter’s third party partner, Fonix Mobile PLC (“Fonix”). Fonix is registered with the Phone-paid Services Authority (PSA): registration number ORG824-87683-48994.
5.8
If you do not provide Gift Aid consent at the time of your donation, the Promoter may send you a reminder message via text message within 28 days of your donation.
6. GIFT FOR ALL PRIZE DRAW ENTRANTS
6.1
Whether you win a Prize or not, you will be eligible to receive early access to video content, hosted online, from the Event, as a thank you from the Promoter for participating in the Prize Draw (“Free Gift”). After the Event, the Promoter will make the Free Gift available (for example, via an online link sent to you via either email or text message) using the contact details provided by you to enter the Prize Draw. Your details will not be added to any marketing lists and will always be treated in accordance with the Promoter’s Privacy Policy.
6.2
For the avoidance of doubt, after a limited period of time (at the Promoter’s sole discretion) the Promoter may make the Free Gift publicly available (i.e., no longer exclusively available to participants in the Prize Draw).
7. THE PRIZE
7.1
There will be a minimum of 300 Prizes (i.e., pairs of tickets) available to win. The Prize will be an intimate event dependant on the Venue and, as such, the Promoter cannot give an exact number of Prizes that will be available.
7.2
The Prize permits entry to the Venue for the Event (subject to these terms). The Prize does not include allocated and/or reserved seating (unless agreed otherwise with the Promoter in writing). Seating at the venue will be allocated on a first-come, first-served basis.
7.3
The winner(s) must be available on the date and time of the Event and are solely responsible for travel to and from the Venue. Any other costs and expenses which are not specifically included in the Prize description are excluded and will be the sole responsibility of the winner. The Prize is non-transferable. The winner(s) must be able to comply with any additional entry requirements or rules imposed by the Venue.
7.4
Within five (5) working days of the end of the Promotion Period, all eligible entries will be entered into a draw. Winners will be selected at random. If the entry is ineligible, the Promoter reserves the right to award the applicable Prize to another entrant, selected at random.
7.5
If you are randomly selected as a Prize winner, you will be notified by the Promoter on or before 7th October 2022. You will be notified at least once, using the contact details that you provided when entering the Prize Draw. If you entered via:
(a) the Crowdfunder platform, you will be contacted by the email address you provided;
(b) a postal entry, you will be contacted using the email address you provided; or
(c) text message, you will be contacted via text to the phone number you used to enter the Prize Draw.
8. CLAIMING YOUR PRIZE
8.1
The Promoter will provide a single-use link to winners for an online ticket portal, from which the winner(s) can claim their Prize(s).
8.2
The online portal is managed by Gigantic Tickets Limited on behalf of the Promoter. This may be subject to additional terms, including Gigantic Tickets Limited’s Privacy Policy.
8.3
Winners must claim their Prize within three (3) working days of being notified. After this length of time the single-use link will expire and the Prize will be awarded to another entrant, selected at random.
8.4
When claiming your Prize, you will need to give your full-name and this will be displayed on the ticket(s). You will need to arrive with valid, in-date photo ID matching this name in order to gain access to the Venue.
9. CONDITIONS OF VENUE ENTRY
9.1
Prizes are strictly non-transferable, non-refundable and not-for-resale. If you cannot attend the Venue on the date of the Event, please let the Promoter know and it will award the Prize to another entrant, selected at random.
9.2
STRICTLY NO RECORDING EQUIPMENT (including mobile phones): The Event operates a strict no recording equipment policy. The unauthorised use of photographic and recording equipment at the Event is prohibited. Mobile phones with cameras, as well as stand-alone cameras, tape recorders or other recording equipment are not permitted at the Event and may be confiscated for the duration of the Event. The Venue and/or Promoters may require and provide facilities for you to surrender your mobile phone and/or make your mobile phone inaccessible for the duration of the Event (for example, without limitation, the Promoters may require mobile phones by placed in sealed pouches for the duration of the Event). If you refuse to comply with such a request, you may be refused entry without compensation. It is strictly your responsibility to keep your property secure and collect and/or unseal your property after the Event. It is strictly your responsibility to return any hardware provided to you to in the manner instructed during and/or after the Event. Neither the Venue nor the Promoter takes any responsibility or liability for any personal property that is held on your behalf or confiscated under the terms of this paragraph.
9.2
In order to attend the Event, winners are required to:
(a) present a valid, in-date photo ID at the venue matching the name of the winner, that is displayed on your Prize (i.e., your tickets). Failure to do so will result in access to the Venue being denied.
(b) ensure that anyone under the age of 16 at the time of the event is accompanied by the winner, being an adult of age 18 or over.
9.4
More information about the Venue, including the Venue’s terms and conditions and FAQs, can be found on the Venue’s website, including: https://unionchapel.org.uk/venue/your-visit. Please check the Venue’s terms and conditions for full information about their conditions of entry.
9.5
The Promoter reserves the right to perform background checks on winners for security purposes, and where necessary your information may also be shared with other parties involved in the Event (for example, without limitation, the Performer’s management or the Venue’s management) should they wish to run background checks (only where it is legal, proportionate and appropriate to do so). The Promoter reserves the right, at its sole discretion, to disqualify Prize winners based on the findings of these checks.
10. VENUE ACCESSIBILITY
10.1
If, as a winner, you require accessible seating at the Event you will be able to choose this option when claiming your Prize. Additional information can be found on the Venue’s website: https://unionchapel.org.uk/accessibility.
10.2
The Promoter will work with the Venue to create the best possible experience for disabled guests, making all reasonable accommodations.
10.3
The Promoter will endeavour to maximize the number of accessible tickets that are available to winners, if the make-up of winners requires such accommodations. However, the number of accessible tickets that are available may be capped according to the Venue’s requirements, which are beyond the Promoter’s control. As such, accessible tickets are subject to availability.
10.4
If you require accessible seating but find that none are available when claiming your Prize, we regret that this means the Venue’s limit for accessible seating has already been met. Please contact the Promoter via email (events@foronenightonly.org) and we will do what we can to help. However, if the Venue’s accessible seating capacity has already been met, we will unfortunately be unable to offer a Prize.
10.5
You are encouraged to contact the Promoter as early as possible upon winning a Prize with any accessibility requirements, so that the Promoter has the greatest opportunity to assist you. In any event, you must inform the Promoter of any specific accessibility requirements by contacting via email (events@foronenightonly.org) at least 4 days before the Event.
11. ADDITIONAL IMPORTANT INFORMATION
11.1
The Promoter has obligations to publish or make available information that indicates that a valid award took place (and the Promoter may require that you provide such information as is necessary for this purpose). To comply with this obligation, the Promoter may send the surname (or such other identifying information as is reasonable) and approximate location (such as your county) of major prize winners to anyone who contacts the Promoter and requests this information within one month after the end of the Promotion Period.
11.2
In relation to winners and their guests, you understand that the Promoter and/or the Venue and/or the Performer and/or another relevant third party may film, photograph and/or record you and your guest during or in connection with the Event and may use such films, recordings and/or photographs for publicity and PR purposes in any and all media, worldwide, as often and for as long as desirable. The Promoter and/or the Venue and/or the Performer and/or another relevant third party may also publish your and your guest’s name, image, social media handle and/or profile picture.
11.3
If you object to any of the uses of your data in accordance with these Prize Draw Terms, please contact the Promoter. In such circumstances, the Promoter may still need to process a limited selection of your data, such as to provide information and the winning entry to the Advertising Standards Authority on request.
11.4
This is a charity Prize Draw and, as such, no refunds are given. The Promoter reserves the right to substitute the Prize with another prize of equal or greater value at its absolute discretion.
12. COVID-19
12.1
You acknowledge and agree that, without limitation to the provisions of the General Terms & Conditions, the Promoter’s ability to fulfil a Prize and/or perform any of its obligations under the Prize Draw Terms could be affected by an actual or threatened epidemic, pandemic, disease or quarantine and/or any corresponding governmental action, guidance and/or ruling (including but not limited to any Foreign, Commonwealth & Development Office guidance) (“Covid Measures”).
12.2
If, due to any Covid Measures, the Promoter is unable to fulfil a Prize or perform any of its other obligations under the Prize Draw Terms, then the Promoter shall not be in breach of the Prize Draw Terms nor responsible for any expenditure, losses or costs incurred by you.
13. DATA PROTECTION
13.1
Your personal data that you provide to us will be collected and processed by the Promoter and if applicable, the Promoter’s service providers (including the Venue, Gigantic Tickets Limited (in respect of the platform to claim your Prize), Crowdfunder (in respect of online entries) and Fonix (in respect of entries via text message and random winner selection)), network operators and suppliers in order to administer and fulfil the Prize Draw. Your personal data may also be disclosed to the Phone-paid Services Authority, Ofcom and/or the Advertising Standards Authority at their reasonable request for regulatory purposes, for example, in order to prevent, investigate and detect crime, fraud or anti-social behaviour and comply with law enforcement agencies and applicable advertising codes.
13.2
By entering the Prize Draw, you acknowledge that any personal data provided by you in connection with the Prize Draw will be processed as set out above and in accordance with the Promoter’s Privacy Policy which sets out full details of how the Promoter processes personal data and how you can exercise your rights as a data subject. Please ensure you have read and understood the Privacy Policy before entering the Prize Draw. If you are required to submit a guest(s) personal data to enter a Prize Draw or claim a Prize, you must ensure that your guest(s) have given you consent to provide the Promoter with their personal data.
1. INTRODUCTION
1.1
These are the general terms and conditions (“General Terms and Conditions”) which apply to any competition, prize draw or prize promotion which HTYT LIMITED, a company registered in England Wales with company number: 11499942, trading as “For One Night Only” or “FONO” (“we”, “us”, “our”) may run, whether on website(s), social media platform(s), on-air or otherwise (each is referred to as a “Promotion” herein).
1.2
These General Terms and Conditions may be amended from time to time and you should check back to this page for changes. These General Terms and Conditions were last updated: 25th August 2022.
1.3
Each Promotion will have its own specific rules (“Specific Rules”) and by entering a Promotion you agree to be bound by these General Terms and Conditions along with the applicable Specific Rules (together, the “Promotion Terms and Conditions”). Specific Rules might include entry instructions and any other details, rules or conditions relating to a particular Promotion, and might be published on our website, social media platforms, or may be found in any other media which features a Promotion. If any Specific Rules conflict with these General Terms and Conditions, the Specific Rules will prevail.
2. START AND END DATE/TIME
Each Promotion run from the period stated in the Specific Rules or, if not stated, will start as soon as the Promotion is first promoted. The closing date/time for a Promotion will be made clear in the Specific Rules or the relevant promotional materials. All times will be based on the time zone in effect in the UK at the relevant point in time.
3. ENTERING A PROMOTION
3.1
Unless the Specific Rules specify a different geographic region or a different minimum age, each Promotion will be open to individuals aged 18 or over (at the time of entry) who are UK residents and are based in the UK at the time of entering the Promotion. For the avoidance of doubt, the Channel Islands and the Isle of Man are not considered to be part of the UK for the purposes of the Promotion Terms and Conditions.
3.2
Where a Promotion is open to individuals younger than 18, the age requirements for the Promotion will be specified in the Specific Rules. We reserve the right to request parental or guardian permission for such individuals to enter and may require a release form to be signed.
3.3
Certain Promotions may have additional eligibility requirements, for example, they may be restricted to certain post codes. If applicable, these will be detailed in the Specific Rules.
3.4
Our employees, agencies, licensees, freelancers, contractors as well as any persons affiliated with the Promotion and their immediate family members or households (whether related or not), and anyone else professionally involved with the relevant Promotion, are excluded from entering any and all of our Promotions (“Excluded Individual(s)”). Any uncertainty in the application of this clause will be decided at our discretion.
3.5
To enter, you must follow the entry process for the Promotion, which will usually be explained in the Specific Rules and/or promotional materials or announcements. We cannot guarantee entry for (and accept no responsibility for) entries which are mis-spelt, corrupt or ineligible, or for entries which haven’t reached us – for example, postal, telephone, text message, online or social media entries not received as a result of network incompatibility, technical faults or for any other reason. Entries received outside of the opening and closing times of the Promotion will not be accepted but may still be charged in accordance with Specific Rules (for example, where your network provider charges a standard rate).
3.6
When entering a Promotion you must provide us with your real name and contact details. We may publish your name, nearest geographical location and other details in order to prove that a valid Promotion took place. If you do not want your real name to be disclosed to the wider public, please let us know in advance. If you fail to provide us with your real name, you may be disqualified, at our discretion, and we reserve the right to select another entrant to participate in the Promotion or withdraw the prize and select another winner, as applicable.
3.7
No bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We will disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods, for example, entries or votes from the same IP address, email address, postal address, telephone number, or similar or entries which we, at our sole discretion but acting reasonably, consider to be suspicious or fraudulent. You may not enter a Promotion if you have been given relevant information (including, without limitation, answer(s) for prize competitions) in relation to the Promotion, directly or indirectly by any Excluded Individual.
3.8
If you are ineligible to take part in the Promotion (for example, because of age restrictions or previous exclusions), your entry and/or your prize cannot be transferred to anyone else. If we find out that you are ineligible to take part, you may be disqualified and we reserve the right to select another entrant to participate in the Promotion or withdraw the prize and select another winner, as applicable.
3.9
If entry is made via text message, MMS or telephone call, your network provider will usually charge according to their standard rate or deduct it from your allowance. Standard rate text messages to Promotion shortcodes are not normally included in ‘inclusive’ packages and may be charged. If entry is made by text message, be sure to use the correct shortcode; be aware that shortcodes change from Promotion to Promotion. In all cases, please check with your service provider for more details and charges. If you are not the bill payer, you must obtain the bill payer’s permission before entering. If you are under 16 (and permitted to enter the Promotion under the Specific Rules) you must obtain you parent or guardians permission to enter the Promotion. We take no responsibility for your entry.
4. WINNER SELECTION/NOTIFICATION
4.1
For each Promotion the number of winners will be specified in the Specific Rules. If this is not stated, there will be only one grand prize winner.
4.1
Unless otherwise specified in the Specific Rules:
(a) In the case of a prize draw, winner(s) will be selected at random. This will be done by either (a) an automated process, or (b) a process which will be conducted or supervised by an independent person, or (c) such process as is explained in the Specific Rules.
(b) In the case of a competition where the selection of a winning entry is open to subjective interpretation, the prize winners will be selected by an independent judge or a panel of judges that includes one independent judge. The names of the independent judges will be made available on request. For competitions that involve the selection of winners at random from a pool of eligible entrants, such random selection will be conducted using a random computer process.
4.3
If you win a prize:
(a) you will need to respond to the notification within the timeframe set out in the Specific Rules (this will be no later than 7 days following the date of our notification if no timeframe is set out in the Specific Rules), and follow the instructions provided to you;
(b) you may need to provide proof of your valid, in-date photo ID, age and address, as well as accepting our Promotion Terms and Conditions;
(c) we will only be able to send prize fulfilment information and/or prize details to the email address (or other contact details as specified in the Specific Rules) you used to enter the Promotion; and
(d) we will send you the prize in accordance with the Specific Rules, subject to your compliance with the Promotion Terms and Conditions.
4.4
If:
(a) you are unable to provide us with a valid form of ID and/or proof of age or address;
(b) you provide us with incorrect or fraudulent information; or
(c) you fail to comply with any other instructions or time limits notified to you,
you will forfeit your right to the prize and we reserve the right to withdraw the prize and select another winner. For the avoidance of doubt, if it becomes apparent that you have breached this clause after you have received your prize, we reserve the right to request the return of the prize or a similar cash value from you.
5. PRIZES
5.1
The prize or prizes will be as described in the relevant Specific Rules. Imagery is for illustrative purposes only. Anything which is not expressly included in the prize description in the Specific Rules is not included as part of the prize. For example, without limitation, transport/travel, meals, refreshments, accommodation, insurance, and spending money, are all excluded from the prize unless expressly included.
5.2
Each prize is subject to availability and is not-for-resale, non-transferable, non-refundable and (unless we offer it), no cash alternative is available. Where prizes consist of entry tickets and other time-specific prizes, they must be taken on the dates and venues specified by us.
5.3
We will, of course, try to provide the prize as described and try to provide the prize within the timeframe set out in the Promotion Terms and Conditions. Occasionally, circumstances beyond our reasonable control might make this difficult or impossible. For example, if a prize involves a meet and greet or an event with a celebrity, they may be unwell or their commitments may change, or if the prize involves travel or tickets to an event, weather conditions or other circumstances (including without limitation local or national rules or official guidance relating to a pandemic) might mean that plans are disrupted, postponed or cancelled. If we consider it necessary or appropriate, a prize or prizes (or part thereof) might be varied or swapped for a suitable alternative of equivalent value which will be decided at our sole discretion.
5.4
You must have a UK bank account in order to be eligible for any cash prize or cash alternative.
5.5
You will not be entitled to receive a prize which, for any reason, you would be prohibited by law from purchasing, using, owning or possessing, and you must not enter a Promotion to win such a prize. If you are the winner of such a prize you will be disqualified and we reserve the right to withdraw the prize and select another winner. For the avoidance of doubt, you will not be entitled to an alternative prize unless we decide at our sole discretion to grant you an alternative prize (instead of disqualifying you and selecting an alternative winner).
5.6
Any tax or other charge payable in conjunction with the prize will be your sole responsibility. If this is of concern you should speak to a financial advisor.
5.7
The prize cannot be used in conjunction with other offers, Promotions or prizes.
5.8
Third party terms and conditions may apply to certain parts of a prize, where applicable. For example (without limitation), where the prize contains ticket(s) to an event, you and any guest(s) will not only be bound by the Promotion Terms and Conditions, but also the event organiser’s and venue owner’s rules and all terms and conditions set out on the ticket.
5.9
Unless otherwise specified in the Specific Rules, you may not win more than one prize per Promotion and we reserve the right to withhold or reclaim any second or subsequent prize.
6. ADDITIONAL TERMS RELATING SPECIFICALLY TO PRIZES INVOLVING AN EVENT
6.1
Where a Promotion prize involves attendance at or tickets to an event, you acknowledge that we are not liable or responsible if you fail to attend the event for any reason. If the event is cancelled or rescheduled, we will either secure tickets for the winner to attend the rescheduled event if practical (the date and time will be decided solely by us, working with the relevant venue and/or performer) or, at our discretion, provide an alternative prize.
6.2
Where a Promotion prize involves an event, you acknowledge that this prize is subject to the terms and conditions of the venue, the promoter and the ticket agent and you must comply with all such terms and conditions, including but not limited to any relevant instructions and health and safety requirements.
7. PUBLICITY AND IDENTITY OF WINNERS
7.1
If you win a prize, you (and your guest(s) if applicable) may be required to take part in reasonable publicity. You must (if we request) procure the written agreement of your guest(s) to take part in such publicity.
7.2
In some cases, you might become aware of confidential information relating to a Promotion. Your own involvement in a Promotion might also be confidential for a period of time (for example, if you win tickets to a “secret” event where you are not permitted to disclose the location, date and/or time of the event). If you do become aware of any confidential information relating to the Promotion, including (without limitation) any information that has not yet been publicly broadcast and/or information we ask you to keep confidential indefinitely, you must keep this information confidential until we confirm in writing (for example, by email) that it is no longer necessary to do so. If you fail to do this, or we have reasonable grounds to suspect you have failed to do this, we reserve the right to disqualify you from the Promotion at our discretion, and/or to withhold the prize from you and award it to another entrant, and/or to take any other measures we consider necessary or appropriate based on the relevant circumstances.
8. USE OF YOUR ENTRY AND/OR SUBMISSION
8.1
By: (i) entering a Promotion; (ii) appearing in, or having one of your guests appear in, footage (where a Promotion prize involves attendance at, or tickets to, an event); or; (iii) submitting any other materials in relation to a Promotion (including as part of the entry process or as part of a prize); or (iv) if you tag or mention us directly or indirectly in any photo, video or other content (“Other Content”) in connection with the Promotion or a prize, you agree that we can re-post, re-tweet, publicise and otherwise use that entry and/or Other Content in whole or in part (with or without any accompanying comments and information such as your handle and profile picture) for the purposes of the Promotion and that we can do so via the same platform(s) that you posted or shared the entry and/or Other Content on, as well as via other social networks and platforms that we use, and on our websites.
8.2
Unless otherwise expressly stated in the Specific Rules, you will remain the owner of the rights (e.g. copyright) in your entry and/or Other Content. By entering, you grant us a worldwide, royalty-free, perpetual and Irrevocable licence (i.e. permission) to use the entry and/or Other Content that you provide, or any other materials you are featured in, as often and for as long as we consider appropriate or desirable. You waive and agree not to assert your so-called moral rights and equivalent rights (for example, the right to be named or credited) in relation to the same throughout the world, forever.
8.3
You guarantee to us that:
(a) you own and control all of the rights in your entry and/or Other Content;
(b) your entry and/or Other Content is not in breach of any third party intellectual property rights, moral rights, right to privacy, right to confidentiality etc.;
(c) you have the right to grant the rights set out in the Promotion Terms and Conditions, including the permission of any guest(s) in relation to your prize;
(d) you have obtained the prior written consent from anyone featured or mentioned in your entry and/or Other Content and/or that attends an event (where a Promotion prize involves attendance at, or tickets to, an event) as your guest (and in the case of children under the age of 18 you have obtained the consent of the relevant child’s parent/guardian);
(e) your entry and/or Other Content does not violate any applicable law or regulation or codes of good practice;
(f) your entry and/or Other Content does not contain anything which is indecent, untrue, defamatory, unlawful, hateful, threatening, demeaning, inappropriate, obscene, malicious or which is in contempt of court;
(g) your entry and/or Other Content will not cause any kind of harm or damage and does not contain any virus, malware, spyware or similar;
(h) you will reimburse us for any loss, damage or liability arising out of a breach of your guarantees set out above; and
(i) you will sign such documentation as we reasonably request and provide such other reasonable assistance, at no cost to us, to confirm any or all of the above.
8.4
Unless otherwise stated, your entry, Submission and/or Other Content will not be returned to you.
9. DATA PROTECTION
9.1
Your personal data, and the personal data of any guest(s) that you or they provide to us, will be collected and processed in accordance with the Specific Rules and our Privacy Policy.
9.2
In relation to each Promotion, we may hold your personal data for a reasonable period following the end the Promotion in order to comply with our regulatory obligations.
9.3
You may be asked if you want to opt-in to marketing from us or our third party partners when you enter a Promotion. If you choose to opt-in, we and our third party partners will use your personal data for marketing purposes (see our Privacy Policy for more details). You can opt out at any time.
9.4
We may transfer and process personal data outside of the UK for the purposes of administering the Promotion, in accordance with our Privacy Policy.
9.5
By entering a Promotion, you acknowledge that any personal data provided by you in connection with the Promotion will be processed as set out above and in accordance with our Privacy Policy, which sets out full details of how we process personal data and how you can exercise your rights as a data subject. Please ensure you have read and understood our Privacy Policybefore entering any Promotion.
9.6
You may request the removal of your personal details from our database by contacting us using the details stated in our Privacy Policy. If you request that your personal details be removed prior to the conclusion of a Promotion, you will forfeit your right to enter the Promotion and/or claim any prize and we reserve the right to select another entrant to participate in the Promotion or withdraw the prize and select another winner, as applicable.
9.7
If you are required to submit a guest(s) personal data to enter a Promotion, or choose to provide this in relation to a prize, you must ensure that your guest(s) have given you consent to provide us with their personal data.
10. LIABILITY
10.1
Your entry or participation in a Promotion and/or prize is at your own risk. If the Promotion or prize requires that you undertake any physical activity please ensure, before entering the Promotion, that you are in good health, that you have informed us before or at the time of claiming the prize of any underlying medical condition, physical or other impairment or medication you are taking which may be relevant and which could adversely affect your use or enjoyment of the prize, or ability to claim the prize. You must notify us immediately if you become ill or become aware of any other relevant medical or health and safety information which could affect your participation in a Promotion and/or prize.
10.2
If you have a disability, please make this clear to us when you claim the prize, so we can consult with you well in advance of the prize and make such reasonable adjustments as are practical and within our reasonable control, based on all the circumstances, to ensure that you can enjoy the prize to the fullest extent. The Specific Rules may contain additional information related to accessibility where a prize is connected with an event.
10.3
If we consider in our reasonable opinion or have grounds to suspect that:
(a) you or your entry are in breach of the Promotion Terms and Conditions;
(b) you or any third party have cheated, deceived or engaged in fraudulent or unsporting conduct of any kind (including but not limited to, manipulating a Promotion, choice of prize winner(s) or any entry);
(c) you or your guest(s) conduct yourselves in a way which is abusive or which exposes you or others to any medical, security, safety or similar risk whatsoever (including if you are intoxicated or abusive in any way),
without limiting the options available to us, you may be disqualified and we reserve the right to select another entrant to participate in the Promotion or withdraw the prize and select another winner, as applicable. You agree that you have not done anything and will not do anything which is likely to bring us or any of our third party partners into disrepute or which might adversely affect our reputation or the Promotion. Entries and/or prize winners deemed by us to be rude, offensive, defamatory, illegal or condoning dangerous behaviour will be removed from the Promotion. If you are disqualified for any reason, you will not be compensated and you may be required to pay any costs incurred.
10.4
Nothing in the Promotion Terms and Conditions limits or excludes our (or any third party’s) liability arising from fraud or from death or personal injury caused by negligence or any other type of liability which may not be limited or excluded by law.
10.5
Subject to clause 10.5, to the fullest extent permissible by law, we:
(a) shall have no liability in relation to any act or omission of any third party; and
(b) exclude all liability to you and anyone else for any claims, costs, losses, including indirect loss, damage or harm of any kind arising from or in connection with the Promotions and prizes and your use or enjoyment of them.
For example, if you book or take time off work with the intention of taking up a prize on a particular date, and the prize is subsequently postponed, changed or cancelled, we would not be responsible for covering your wages or salary for your missed day of work on that day or any other day off you take or your travel or subsistence costs. This is only one example and is not intended to limit the general interpretation of this clause.
10.6
Subject to clause 10.5, to the fullest extent permissible by law, in no event will our total aggregate liability to you exceed the cost of the prize in the relevant Promotion if you are a winner or otherwise the cost of entry into the Promotion.
10.7
We make no representation, warranty or guarantee in relation to prizes provided and, subject to clause 10.5 and statutory rights which cannot lawfully be waived, we will have no liability to you in relation to any prize, its fitness for purpose or otherwise.
10.8
Unless otherwise expressly stated in the Specific Rules, the Promotions are in no way sponsored, endorsed or administered by, or associated with any social media platform (including without limitation Twitter, Facebook, Instagram, YouTube or TikTok). Any questions, comments or complaints regarding this Promotion should be directed to us only, and not to any social media platform.
10.9
We cannot guarantee that the services or systems for entering the Promotion or claiming a Prize will be free from omissions, errors, viruses, bugs or otherwise be fully available. We do not accept any liability in relation to such services or systems.
11. OTHER RULES
11.1
We reserve the right to withdraw or amend any Promotion, prize and/or the Promotion Terms and Conditions if we consider it necessary or appropriate to do so for reasons beyond our reasonable control (including but not limited to strikes, labour dispute, illness, act of God, natural disaster, adverse weather conditions, actual or threatened pandemic or epidemic, disease or quarantine and/or any corresponding governmental action, guidance and/or ruling, damage, fire, floor and/or storm, compliance with law or governmental order) or if there has been a broadcasting or printing error. If, due to any of these circumstances, we are unable to fulfil a prize or perform any of our obligations under the Promotion Terms and Conditions, then we shall not be in breach of the Promotion Terms and Conditions. Any changes will be posted here and/or on our website.
11.2
You agree to keep confidential any information which you know or reasonably ought to know is confidential and which relates to us, our business, the Promotion or prize.
11.3
In the Promotion Terms and Conditions and any promotional materials, examples are given to help illustrate some terms; they are not exhaustive and do not limit those terms in any way.
11.4
In the event of any dispute as to the results of any Promotion our decisions are final and no correspondence will be entered into.
11.5
The Promotion Terms and Conditions, including any additional terms and conditions which are expressly incorporated into the Promotion Terms and Conditions, represent the entire agreement between you and us in relation to the Promotion and the prize. The invalidity, illegality, or unenforceability of the whole or any part of the Promotion Terms and Conditions does not affect the remainder of the Promotion Terms and Conditions, which will remain in full force and effect.
11.6
The Promotion, and the Promotion Terms and Conditions, are governed by English law, and any disputes arising out of or in connection with them (whether under contract, tort or otherwise) shall be subject to the exclusive jurisdiction of the English courts.
11.7
For all enquiries in relation to a Promotion or the Promotion Terms and Conditions, please contact us on the details set out in the Specific Rules.