Competition Terms and Conditions
Last updated 24th July 2018.
FIDENDA LIMITED COMPETITION GENERAL TERMS AND CONDITIONS
1. THESE GENERAL TERMS AND CONDITIONS
1.1. These general terms and conditions (the “General Terms”) are the overarching general terms and conditions that apply to all competitions promoted by Fidenda Limited (the “Competitions”).
1.2. Each Competition will also have its own specific terms and conditions (such as the details of how to enter, what the opening/closing dates are and what sort of prize you may win) (the “Specific Terms”).
1.3. You should read these General Terms in combination with the relevant set of Specific Terms. Where the Specific Terms conflict with these General Terms, the Specific Terms will to that extent take precedence.
1.4. We may change these General Terms at any time. You should check this page regularly for any changes, which will apply from the date that they are uploaded.
1.5. By entering a Competition you agree that you will be legally bound by these General Terms and any applicable Specific Terms.
2. IDENTITY OF THE PROMOTER OF THE COMPETITION
2.1. The “promoter” of a Competition is the person who is legally responsible for running it. This person is the person whom you should contact in the first place if you have any issues or problems in relation to a Competition. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be Fidenda Limited (“we”, “our”, “us”). If the promoter is a third party, the terms “we”, “our” and “us” in these General Terms shall refer to both Fidenda Limited and the third party promoter.
2.2. Fidenda Limited is a company registered in England and Wales. Our registered office is at Granary House, 18a North Street, Leatherhead, Surrey, KT22 7AW and you can write to us at that address if you have any concern relating to any of our Competitions, setting out clearly the name of the Competition and your issue.
2.3. In addition, certain Competitions may provide entrants with additional methods of contacting us, for example posting on a Facebook group wall, or tweeting on a Twitter feed. In these cases, you may also use this method to contact us.
3. COMPETITION ELIGIBILITY RULES
3.1. Unless stated otherwise in the applicable Specific Terms, entrants to our Competitions must be aged 18 or over and must be resident in the UK.
3.2. Certain Competitions may have additional eligibility requirements, such as valid passports, visas, driving licences, good physical health and so on. Any such additional eligibility requirements will be stated in the applicable Specific Terms.
3.3. Where Competitions are open to children (aged 15 or younger) and/or young persons (aged 16 or 17), the age requirements will be stated in the applicable Specific Terms. We reserve the right to require that the parent or guardian of any person aged under 18 confirms in writing that he/she agrees to be bound by all terms and conditions applicable to the relevant Competition and will accept any prize on behalf of an under-18 prize winner.
3.4. We will decide, in our sole discretion, whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
3.5. Employees of Fidenda Limited and their immediate families may not enter any Competition, nor may the employees of any third party prize providers or their immediate families.
4. ENTRY AND ENTRY METHODS
4.1. By telephone: Where entry is by telephone, the Competition lines will be opened and closed on the dates and at the times stated in the Specific Terms. Entries must be received after the opening time and before the closing time. Entries that are submitted before lines open or after lines close will not be entered in the Competition but we cannot guarantee that entrants will not be charged for the call made.
4.2. SMS: Where a Competition asks you to enter using SMS, you will need an SMS-compatible mobile phone with an account with a service provider that permits text messages to premium rate numbers. SMS entries are deemed to be received when we receive them in our database, not when they are sent from your handset. SMS entries must be addressed to the correct number or shortcode and must include the correct keywords or other answer format as required by the specific Competition. Entries which fail to do so will be void.
4.3. Deficient Entries: In all Competitions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of us or our brands. We accept no responsibility for any late, lost or misdirected entries, including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
4.4. Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
4.5. Names: Entrants must enter Competitions using their legal names. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
4.6. Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter a particular Competition more than once and persons may not enter a Competition as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
4.7. Retrospective Effect. Where an entrant or prize winner has been found to be in breach of any of these General Terms and/or the applicable Specific Terms, we may enforce our right to disqualify that person and require the return or reimbursement to us of any prize where such prize has been awarded to the entrant in question.
5.1. The prize for each Competition will be as stated in the Specific Terms. We reserve in all cases the right to replace the stated prize with a prize that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prize winner’s parent or legal guardian on behalf of the prize winner.
5.2. Unless otherwise stated in the applicable Specific Terms, all prize winners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition via at least one of the following methods:
a) by telephone;
b) in writing; or
c) by email.
5.3. Prizes will be despatched to the prize winners via the UK mail service unless otherwise stated in the applicable Specific Terms. Prizes will be delivered to addresses within the UK only. If a prize winner’s contact details change, it is their responsibility to notify us. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
5.4. We reserve the right to request proof of a prize winner’s identity and age in the form of a passport or driver’s licence and proof of address in the form of a recent utility bill. In the event that a prize winner cannot provide us with such proof, in a form reasonably acceptable to us, we may withdraw the prize and select another prize winner.
5.5. All prizes are subject to availability, are non-transferable and non-exchangeable. Where prizes consist of tickets, attendance at events run by third parties and similar time-specific benefits, they must be taken on the dates specified in the relevant Specific Terms.
5.6. If a prize winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the prize winner. No cash will be awarded in lieu of that prize or any part of it.
5.7. Any tax payable as a result of a prize being awarded or received will be the responsibility of the prize winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
5.8. We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.9. All stated prize values are at the supplier’s recommended retail price in pounds sterling and are correct at the time of printing. We accept no responsibility for any fluctuations in prize values.
5.10. No additional, further or other costs or expenses are included in any prize unless stated in the applicable Specific Terms. For example, unless stated in the applicable Specific Terms, the costs of transport to and from a venue or an event are not included and any accommodation prize includes the basic room charge only.
5.11. Third party suppliers of prizes may stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these in addition to these General Terms and the applicable Specific Terms. Subject to paragraph 19.2 below, we shall have no liability in relation to any prize provided by a third party provider.
6. HOLIDAY PRIZES
6.1. Because of their complexity, we have certain special terms that apply to holiday prizes. These special terms are set out in this paragraph 6. Where holiday prizes include a place for a travelling companion, the terms in this paragraph 6 will also apply to such travelling companion and all references in this paragraph 6 to “the prize winner”, “you” and “your” shall be construed as referring to such travelling companion as well as the prize winner.
6.2. Holiday prizes will not be awarded to persons under the age of 18 without written consent from a parent or legal guardian and unless they are accompanied by a parent or legal guardian.
6.3. It will be each prize winner’s responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance) which may be required or prudent to be taken out in the circumstances. All insurance, spending money and other expenses are, unless otherwise stated in the Specific Terms, costs to be borne by the prize winner and are not provided as part of any holiday prize. Unless stated otherwise in the Specific Terms, holiday prizes consist of flights and accommodation only.
6.4. Holiday prizes do not include airport departure or government taxes. These must be paid by the prize winner.
6.5. Where the holiday prize destination is overseas, the prize winner must have and maintain a valid passport and all relevant visas and other travel documents for the prize holiday in question and on the travel dates specified. The prize winner must not be subject to any restrictions in relation to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to prize winners. We are not responsible for ensuring any prize winner’s ability to travel to their holiday destination nor for any additional costs incurred if they are refused entry.
6.6. It is the responsibility of the prize winner to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination. We are not responsible for any loss or damage suffered by any prize winner arising out of their failure to follow any travel advisories issued by the Government.
6.7. We are not liable or responsible for any loss or damage suffered by any prize winner if such prize winner does not redeem a holiday prize as a result of any Government travel warning or advisory applicable to the destination country or countries. In particular, we have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winner fails to redeem a holiday prize for any reason.
6.8. The prize winner must comply with and is responsible for obtaining any inoculations and complying with any health regulations required by any holiday prize destination country.
6.9. Prize winners must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, prize winners must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
6.10. Unless otherwise stated in the Specific Terms, all holiday prizes must be taken within six (6) months of the closing date of the relevant Competition, otherwise the prize will lapse.
7. EVENTS PRIZES
7.1. Where a Competition prize involves the prize winner’s attendance at (or tickets to) an event, the prize winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the prize winner (and/or any accompanying guests) cannot attend the relevant event, no cash alternative or alternative tickets will be provided by us.
7.2. Entrants proposing to participate in any Competition, or redeem any prize, which involves performing stunts or physical challenges must notify us of any medical condition and we may in our absolute discretion require that entrant, as a condition of entering the Competition or receiving the prize:
a) to submit to a medical examination by a medical practitioner approved by us and to obtain medical clearance to participate in the Competition and/or redeem the prize; and/or
b) to execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
7.3. Where prizes comprise or include “meet and greet” elements with celebrities, the prize may be subject to the availability of the celebrity in question and/or to rules imposed by that celebrity. We are not liable for any inability or failure of any prize winner to attend any “meet and greet” session that has been arranged and offered on any date, nor will we offer any alternative prize or cash alternative or compensation for any such failure.
8. UNCLAIMED PRIZES
8.1. All prizes must be claimed within twenty-one (21) days of our notification of winning or as otherwise stated in any Specific Terms. We reserve the right to award prizes unclaimed after this period to alternative prize winners or not to award them at all.
8.2. If you call to claim a prize from a “withheld number” line you must provide us with your contact details, otherwise we may be unable to contact you and you may as a result forfeit your prize.
9. PUBLICITY AND PERSONAL INFORMATION
9.2. If you are required to submit a third party’s personal information as a part of entry into or participation in any Competition, you must ensure that any other person whose details have been provided by the entrant to us has given their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competition.
9.3. If you are the winner of a Competition, you agree that we may use your name, image and town and/or county of residence to announce the winner of such Competition and for any other reasonable and related promotional purposes. You further agree and acknowledge that publicity materials featuring you may be provided to our third party prize providers for the purposes of promoting their association with the Competition and for awarding the relevant prizes.
9.4. No fees shall be payable to any entrant in relation to their entry in any Competition.
10. PHOTOGRAPHS AND VIDEOS
10.1. If any Competition requires you to submit a photograph or video clip as a part of entry into or participation in the Competition (collectively, the “Photograph”):
a) you warrant that they are the person in the Photograph or have prior approval from the person in the Photograph (or that person’s parent or legal guardian, if the person in the Photograph is under 18) for it to be submitted as part of their entry;
b) you agree that we have the right to publish and communicate to the public the Photograph in any media at all times without restriction or limitation throughout the world for any purpose;
c) you acknowledge that we may edit the Photograph in our sole discretion;
d) you agree that we have the right to use your name, likeness and other personal information in conjunction with the Photograph;
e) you agree not to bring against us any actions, suits, claims or demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of your Photograph;
f) you unconditionally waive your right to seek or obtain an injunction to prevent or restrict our use of the Photograph; and
g) entrants aged under 18 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).
11. PRIZE DRAWS
11.1. Where any prize is awarded via a prize draw, prize winners will be chosen at random from all qualifying entries within thirty (30) days of the Competition closing date, unless stated otherwise in the Specific Terms.
11.2. If we become aware that the same person has been selected as a prize winner more than once in the same Competition, that person will win one prize only.
12.1. By entering a Competition you hereby:
a) assign to us all rights (including present and future copyright) in and to your Competition entry in all media and whether in existence now or created in the future;
b) agree not to assert any so-called “moral rights” in respect of your Competition entry (wherever and whenever such rights are recognised) against us, our assigns, licensees and successors in title;
c) undertake to us that your Competition entry: (a) is not in breach of any third party rights; and (b) does not contain anything which is defamatory, indecent, harassing or threatening; and
d) confirm that you have the full right, power and authority to grant the rights set out above and that you have obtained all consents and permissions necessary to grant to us the same.
12.2. All rights in and to the name and title of each Competition and the format of the Competition are our sole property and we may exploit the same in our absolute discretion.
13.1. If any prize winner is a child or young person (i.e. under the age of 18) these General Terms, along with the relevant Specific Terms, must be signed by the prize winner’s parent or legal guardian before the prize can be awarded. Any such prize may at our discretion be awarded to the prize winner’s parent or legal guardian.
13.2. Where entrants or prize winners are required by us to sign a release or other document before participating in a Competition and/or redeeming a prize and the entrant and/or prize winner is under the age of 18 years, such document must be signed by that person’s parent or legal guardian prior to their participation in the Competition and/or the prize being awarded.
14. TAMPERING AND OTHER MATTERS
If a Competition is not capable of running as planned for any reason (including but not limited to as a result of any technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of such Competition), we reserve the right to cancel, terminate, modify or suspend the Competition and/or any prize draw(s) or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes the problem.
15. LEAVE FOR PARTICIPATION
Obtaining time off work and/or study or related activities to participate in a Competition and/or to take a prize will be the sole and absolute responsibility of each entrant.
16. TERMINATION OF COMPETITION
We may vary the terms of, or terminate, a Competition at any time at our absolute discretion without liability to any contestant or other person. We will not award any prize if the Competition is terminated.
17. DECISIONS FINAL
17.1. All our decisions relating to Competitions and/or redemption of prizes are final. No discussions or correspondence with entrants or any other person will be entered into in this regard.
17.2. Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
17.3. Where a Competition involves voting, the accuracy of the results will be final and binding and no correspondence will be entered into in this regard.
18. FAILURE TO ENFORCE GENERAL TERMS
A failure by us to enforce any one of these General Terms or any Specific Terms in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
19. EXCLUSION OF LIABILITY
19.1. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
19.2. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph shall also apply in respect of any prize provided by a third party provider.
19.3. In the event that any provision of these General Terms and/or any Specific Terms are held to be illegal, invalid, void or otherwise unenforceable, such provisions shall be severed from the remaining provisions, which shall continue in full force and effect.
20. GOVERNING LAW
These General Terms and all Specific Terms are governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.