TERMS AND CONDITIONS FOR LUCOZADE #YESMOMENT SELFIE TWITTER/INSTAGRAM PICTURE COMPETITION – APRIL 2014
TERMS AND CONDITIONS FOR LUCOZADE #YESMOMENT COMPETITION 1 – APRIL 2014
1. This competition will be governed by these terms and conditions (the “Terms”) and entrants agree that they have read and understood these Terms and will be bound by them.
2. Entrants may enter the competition on either, or both of, Twitter and Instagram (each a “Platform”) by completing the following steps:
(i) following Lucozade Energy at https://twitter.com/lucozadeenergy; and
(ii) using the #YESMoment hashtag, tweet a YES Moment selfie photograph and tag
(i) following Lucozade Energy on Instagram at http://instagram.com/lucozadeenergy; and
(ii) using the #YESMoment hashtag, post a YES Moment selfie photograph and tag MTV
(the “Entry Content”).
3. The closing time for entries is midday on 22 April 2014.
4. To enter the competition, entrants must fulfil each of the following criteria:
(a) be a resident of the UK;
(b) be eighteen (18) years old or over;
(d) not be an employee or immediate relative of an employee of MTV Networks Europe or
Suntory Holdings Limited (the “Promoters”) and/or the Promoters’ respective parents, subsidiaries or affiliated companies (and any other person professionally connected with this specific competition will also be ineligible).
6. One (1) winner will be selected at random by the Promoters from all valid entries containing the correct Entry Content and which are received on or before the closing date.
7. The winner will receive four (4) camping tickets to a 2014 UK summer music festival of the Promoters’ choice (the “Prize”). The winner’s guests must all be eighteen (18) years old or over on the first day of the festival. FOR THE AVOIDANCE OF DOUBT, THE WINNER MUST BE AVAILABLE TO ATTEND THE CHOSEN FESTIVAL ON SEVEN (7) DAYS NOTICE AND THE PRIZE DOES NOT INCLUDE TRAVEL TO/FROM THE FESTIVAL, SPENDING MONEY, CAMPING EQUIPMENT OR ANY OTHER EXPENSES INCURRED AS A RESULT OF ATTENDANCE AT THE FESTIVAL.
8. All entrants confirm that:
(a) they are the person featuring in the Entry Content and they are the sole owner of any copyright in the Entry Content submitted by them. If they are not the sole owner, they confirm that they have obtained the consent of the relevant owner (and such owner has consented to the Entry Content being used in accordance with these Terms); and
(b) the Entry Content does not include any third party branding, logos, artwork or any other copyright work unless the entrant has obtained the consent of the relevant owner of any third party branding, logos and/or artwork and such owner has consented to the relevant branding, logos and/or artwork being used in the Entry
Content in accordance with these Terms; and
(c) they have obtained the permission of any other person featuring in the Entry Content
and for the Entry Content to be used in accordance with these Terms.
9. The competition is free to enter. However, costs of accessing the competition via the Internet may vary so please check with your service provider for current charges. Entrants should seek the permission of the person paying the bill before entering.
10. No purchase necessary.
11. One (1) entry per person per Platform. For the avoidance of doubt, this also applies where the same entrant uses multiple Twitter or Instagram accounts. Multiple entries on one Platform by the same entrant will be void and the entrant disqualified.
12. The Promoters reserve the right to contact any and/or all entrants by a direct message on Twitter or direct photo/video on Instagram throughout the term of the competition in relation to these Terms and the Prize.
13. The winner will be selected by 4.00pm on 22 April 2014.
14. For the avoidance of doubt, the Prize does not consist of anything other than expressly set out in Term 7 above and no additional costs (including, without limitation, to travel costs, spending money, camping equipment or any other expenses).
15. The winner may be required to provide a written acknowledgement of acceptance of all the Terms of this competition prior to receiving the Prize.
16. The winner of the Prize and his or her guests shall be responsible for all applicable taxes, travel costs and any other expenses not specified in Term 7 incurred as a result of attending the festival to which the Prize relates.
17. The winner will be notified individually by (a) a direct message to his or her Twitter account and/or (b) a direct photo/video to his or her Instagram account immediately after the winner is selected. Upon notification the winner will be asked to provide their name, age, address (including postcode), telephone contact number and e-mail address. The Promoters shall deliver the Prize no later than seven (7) days prior to the first day of the festival, provided that the winner has given his/her address to the Promoters.
18. In the event that the Promoters cannot for any reason establish contact with the winner within forty eight (48) hours of the Promoters’ initial attempt to do so, the Promoters reserve the right to immediately draw another winner who will be selected applying the same criteria as used to select the original winner.
19. The Promoters reserve the right to select an alternative winner in the event that the Promoters have reasonable ground for believing that the selected winner has contravened any of these Terms.
21. Twitter and Instagram take on no responsibilities in respect of this competition. This competition is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. Entrants will be providing information to Promoters only and not to Twitter or Instagram.
22. The Promoters reserve the right to terminate the competition and withhold the Prize in the event that, in the Promoters’ opinion, there are insufficient entries for the Promoters to be able to select a winner or where, in the Promoters’ opinion, improper conduct by an entrant (or any
number of them) has rendered the competition unfair to all entrants. The Promoters’ decision is final with respect to any aspect of the competition, including the determination of any winner of the Prize. No correspondence will be entered into.
23. By entering this competition all entrants hereby grant to the Promoters’ and their respective parents, subsidiaries and affiliated companies a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, reproduce, copy, adapt, transmit, broadcast, publish or delete any information or other material including without limitation, the entrant’s name, entry, Entry Content, photograph, likeness, biographical information, voice, text, images, designs, audio and/or video clips submitted in entering or any statement made by them concerning the competition (“Submissions”) by any means and in any and all media as they, in their discretion, see fit. For the avoidance of doubt (but without limitation) this will include the winner’s name, location, and Entry Content being broadcast on-air and posted across the Promoters’ social media platforms.
24. All entrants hereby irrevocably and unconditionally waive in favour of the Promoters, the Promoters’ affiliates and their licensees, assigns and successors in title, all moral rights in any Submissions to which he or she is, or may at any time in the future be, entitled.
25. Entrants acknowledge that they may be required to be used in publicity without further consent or payment if they are selected as a winner.
26. All entrants hereby undertake that nothing in the Entry Content:
a) is defamatory;
b) is sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent;
c) is derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group;
d) promotes any particular political agenda or message;
e) reveals any personal information, including but not limited to license plate numbers,
personal names, email addresses or street addresses; or
f) is otherwise offensive or illegal.
27. Decisions as to whether Entry Content infringes these Terms in any way shall be made at the sole discretion of the Promoters. Submissions that do not comply in all material respects within the Terms shall be disqualified.
28. The Promoters can accept no responsibility for entries delayed, misdirected or undelivered. Incomplete entries will be disqualified. The Promoters shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to any competition.
29. The Prize is as stated and is non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Promoters’ control the Promoters are unable to provide the stated Prize, the Promoters reserve the right to award a substitute prize of equal value or greater value. The Prize is subject to the additional terms and conditions of the manufacturer or supplier.
30. The Promoters shall not be liable for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or any prize other than death or personal injury caused by negligence of the Promoters and/or the Promoters’ personnel and/or deceit or fraud by Promoters and/or their personnel.
31. The Promoters shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner under these Terms and Conditions if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays (to postal services or otherwise), changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural
catastrophes. For the avoidance of doubt, the affected winner shall be solely liable for any additional costs incurred as a result.
32. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.
33. The name of the winner can be obtained by sending a stamped, self-addressed envelope to: FAO Digital Media Department, #YESMoment Competition 1, Viacom International Media Networks, 17-29 Hawley Crescent, London, NW1 8TT, for one (1) month after the competition closes.
35. Only entries from individuals will be accepted. Any entries that the Promoters believe have: (a) been made via participation in a syndicate; or (b) via any form of machine assisted intervention enabling computer generated multiple entries of any fashion, will be disqualified. The Promoters reserve the right to discount multiple entries from the same IP address.
36. These Terms may be amended or varied at any time by the Promoters on notice. No waiver of any rights by the Promoters or any entrant will be taken as a waiver of any other rights it may have. For example, if the Promoters waive their rights to complain about a particular breach of these Terms by an entrant, it does not prevent the Promoters from complaining about other breaches.
37. These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the English Courts.
38. Any queries regarding the competition should be addressed to:
FAO Digital Media Department, #YESMoment Competition 1, Viacom International Media Networks, 17-29 Hawley Crescent, London, NW1 8TT.