TERMS AND CONDITIONS
Last updated August 25, 2022
TABLE OF CONTENTS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and HTYT Limited, doing business as For One Night Only ("For One Night Only," “we," “us," or “our”), concerning your access to and use of the https://foronenightonly.org website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our registered office at
4th Floor, Fitzrovia House,
153-157 Cleveland Street,
London, England W1T 6QW. Our VAT number is
316633413. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://foronenightonly.org/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United Kingdom. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. HTYT Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of __________, which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in the United Kingdom, or in the EU country in which you reside.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
23. GENERAL TERMS AND CONDITIONS FOR PRIZE PROMOTIONS
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.
4.2
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 10.4, 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 10.4, 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 10.4 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.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
HTYT Limited
4th Floor, Fitzrovia House
153-157 Cleveland Street
London, England W1T 6QW
United Kingdom
info@htyt.world
