This applies to all competitions, prize draws and promotions run by MC Publishing Limited, The Bath Magazine whose registered office is located at 2 Princes Buildings, George Street, Bath, BA1 2ED
Unless stated all competitions and prize draws are free of charge and subject to the present Terms & Conditions and to all applicable laws and regulations.
For general questions arising out of these Terms & Conditions and/or related to any competition or promotion, please contact competitions@thebathmagazine.co.uk
By entering and participating in any of our competitions or promotions (or in association with any sponsor or promoter that we are connected with) you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements below.
1. ELIGIBILITY
1.1 In order to enter our competitions and promotions and be eligible to win a prize, you confirm that you (“Participant”, “Entrant” or “you”) satisfy the following eligibility criteria:
1.1.1 You acknowledge that you are 18 years of age or older at the time of participation.
1.1.2 Persons under the age of 18 are not allowed to participate in any of our promotions or transmit or otherwise submit personal information.
1.1.3 Persons are not allowed to participate if they are resident outside of the UK. However Please note that MC Publishing Limited, and associated sponsors will not be liable in case Participants are not legally allowed to take part in competitions or promotion due to national or local laws.
1.1.4 MC Publishing Limited, and associated sponsors will not be responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in competitions or promotions whatsoever. MC Publishing Limited, and associated sponsors will not be liable in case a Participant injures him/herself while performing actions with regard to any competitions or promotions.
1.1.5 The following individuals and organisations are not eligible to take part in the competition:
1.1.5.1 Directors, officers and employees of MC Publishing Limited and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisors, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any prizes in this Promotion.
1.1.5.2 Directors, officers and employees of MC Publishing Limited and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of any competitions or promotions, professional advisors, third party service providers or advertising and promotional agencies involved with any competitions or promotions, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any prizes in any competition or promotion
1.1.6 Only one entry per competition or promotion is permitted.
1.1.7 MC Publishing Limited and any associated Sponsor reserves the right to verify the email address provided by the Entrant. MC Publishing Limited and any associated Sponsor will require proof of age, identity and other details from all winners in order to award prizes detailed at clause 5 below. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
2. PROMOTION PERIOD
2.1 Each competition or prize draw will define a period whereby all entries must be submitted by (“the Promotion Period”) This can be termed by Day, Week, Month or other specified or implied period.
2.2 Entries received by Sponsor outside any Promotion Period will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
3. RULES OF COMPETITIONS AND PROMOTIONS
3.1 To enter you must:
1. Be aged 18 or above.
2. For social media based competitions you must follow the instructions given. e.g “Like” or “follow” @thebathmagazine on either: Instagram or Twitter (Social Media Site). For other competitions and promotions all entrants must abide by the rules and instructions stated whether printed, on social media or as otherwise instructed.
3.2 By entering competition and promotions correctly you will be automatically added to the competitive phase (“Competition”) of the Promotion.
4. THE SELECTION PROCESS
4.1 Winner will be picked by an independent randomiser.
4.2 For social media based competitions Winner(s) will be notified via the Social Media Site where they entered the competition by direct message. Winners may also be announced on TheBathMagazine social media accounts and on any associated Sponsors social media accounts
4.3 If you are deemed a winner, MC Publishing or any associated Sponsor is under no obligation to publish notification of your win.
4.4 MC Publishing and/or any associated Sponsor undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
4.5 MC Publishing and/or any associated Sponsor also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.6 Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.
4.7 If you are disqualified, MC Publishing and/or any associated Sponsor is under no obligation to publish this fact.
4.8 The contact details you provide with your Competition entry will be used to notify you of any prizes; please make sure they are correct. The Sponsor shall not be liable to Entrant if these details are provided incorrectly.
5. THE PRIZES
5.1 All prizes are as stated in each competition or prize draw.
5.1.1 Where applicable, if expanded details of any competition, promotion or prize draw are required then Entrants can contact: MC Publishing Limited at: competitions@thebathmagazine.co.uk for a full and comprehensive explanation of the competition, or prize draw or promotion.
5.2 To the extent permitted by applicable local law, any and all prizes awarded are “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). Country, state, local taxes, including vat taxes which are associated with the receipt or use of any prizes are the sole responsibility of the winner.
5.3 No cash alternatives will be provided and prizes are non-transferable and non-refundable.
5.4 If the winner does not claim his/her prize within 14 days of notification by MC Publishing Limited or any associated sponsors, he/she will have forfeited the prize and MC Publishing Limited or any associated sponsors, reserves the right to determine an alternate winner
5.9 The Promotion will be run at MC Publishing Limited or any associated sponsors sole discretion. MC Publishing Limited or any associated sponsors decision in relation to all matters in connection with the Promotion will be final, and no correspondence will be entered into.
6. SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
6.1 MC Publishing Limited or any associated sponsors reserves the right to change the Promotion rules and these Terms & Conditions from time to time and such changes will be available on this website.
6.2 If in MC Publishing Limited or any associated sponsors opinion the competition, prize draw or promotion is compromised by any event beyond MC Publishing Limited or any associated sponsors control, MC Publishing Limited or any associated sponsors will reserve the right to modify, terminate, amend or extend the competition, prize draw or promotion without responsibility and liability for any amount or kind of loss or damage that may result to any Entrant or any third party (whether direct or indirect).
6.3 At any time during any competition, prize draw or promotion, MC Publishing Limited and/or any associated Sponsors will reserve the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because MC Publishing Limited or any associated sponsors believes the Entrant engaged in cheating and in general for violations of the provisions generally set out in any competition, prize draw or promotional Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and/or may be awarded to another entrant as chosen by the judging panel.
7. FAIR PLAY
7.1 All Entrants will hereby confirm that the personal data you enter in connection with any competition or promotion is accurate and up to date.
7.2 All Entrants will hereby warrant and represent that you personally performed and otherwise participated in any competition or promotion to meet the criteria set out under sections 3 and 4 of these Terms & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation. By entering any competition or promotion, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
7.3 All Entrants will confirm and are responsible that your entry does not:
- contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
- contain brand names or trademarks, other than (i) those of MC Publishing Limited or any associated Sponsor, which you have a limited licence to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to licence to MC Publishing Limited or any associated Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have licence to use and sub-licence to MC Publishing Limited or any associated Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
- contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-licence to MC Publishing Limited or any associated Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
- contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libellous;
- contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
- infringe the Terms of Twitter -https://twitter.com/tos
7.4 In case of an infringement of sections 7.2 and/or 7.3 above, you shall defend and indemnify MC Publishing Limited or any associated Sponsor against claims of infringement based on intellectual property rights.
8. GRANT OF RIGHTS
8.1 All Entrants will hereby assign and grant to MC Publishing Limited or any associated Sponsor, including its parents, subsidiaries, affiliates and partners any and all rights, title and interest in and to all entries and materials submitted to MC Publishing Limited or any associated Sponsor in connection with any Promotion, including your voice, image, photograph, statements, biographical information, performances, name and likeness and including any user generated content (collectively, “Entry Materials”) under current and future law to the broadest extent possible according to applicable law. To the extent that rights are not assignable, the Entrant hereby grants to the MC Publishing Limited or any associated Sponsor the irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use. This includes in particular but is without any payment or notice to the Entrant. If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, the Entrant hereby grants to MC Publishing Limited or any associated Sponsor the irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant. Entrant waives any and all moral rights (sometimes referred to as “droit moral” or similar terms) in the Entry Materials in favor of Sponsor. The conveyances and licences in this section include in particular but are not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of promotion, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights. Furthermore, MC Publishing Limited or any associated Sponsor acquires the right to make any alterations, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter. MC Publishing Limited or any associated Sponsor and its parents, subsidiaries, affiliates and partners shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.
8.2 MC Publishing Limited or any associated 3rd party is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicences respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
8.3 The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Promotion.
8.4 MC Publishing Limited or any associated Sponsor including its affiliated companies and partners may be required to request you to enter into a separate licence agreement permitting MC Publishing Limited or any associated Sponsor to use the Entry Materials for reasonable promotional, administrative or other purposes beyond the reasonable expectation of the Entrant.
9. COLLECTION OF INFORMATION & DATA PROTECTION
9.1 In the following, the term “Personal Data” describes all data kept in connection with your name.
9.2 MC Publishing Limited or any associated Sponsor may process your Personal Data itself, within the Sponsor Group or through outside data processors who will process data on its behalf in accordance with all relevant data protection regulations.
9.3 MC Publishing Limited will, as a general policy, not transmit Personal Data to third parties without your explicit consent. In particular, Personal Data will not be sold, leased or traded. However, in cases in which Sponsor is required to transmit Personal Data to an outside data processor in connection with the Promotion, Sponsor will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms & Conditions. In such cases, MC Publishing Limited or any associated Sponsor will require and make sure that our partners treat all Personal Data in a confidential manner and according to all relevant data protection regulations as well as to delete such Personal Data immediately as soon as their specific tasks have been fulfilled in connection with the Promotion. Please note that Sponsor does not have complete control over the compliance with this obligation and that MC Publishing Limited or any associated Sponsor cannot be held responsible for possible infringements by its partners to the extent that it is legally permissible.
9.4 Since MC Publishing Limited and some associated sponsors may operate globally, this may mean an associated sponsor could transfer your personal information to other countries, including countries outside the European Economic Area in accordance with all relevant data protection regulations.
9.5 Personal Data will only be used for purposes in connection with this Promotion and will only be retained by MC Publishing Limited and associated sponsors, its affiliated companies and its mandated data processors for as long as is necessary to fulfil the original or directly related purpose for which it was collected in connection with the Promotion. This might include a period of time after the conclusion of the Promotion in order to distribute prizes or to fulfil tax related or any other legal queries.
9.6 MC Publishing Limited and associated sponsors, its affiliated companies and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
9.7 Sponsor does not knowingly collect information from persons below the age of 18.
9.8 Winners may be requested to take part in promotional activity and MC Publishing Limited and associated sponsors reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity. Winners may be required to take part in further reasonable promotional activities.
9.9 The entered Personal Data shall always be accurate. You should keep your data up to date in order for MC Publishing Limited and associated sponsors to notify you in case you have won a prize. MC Publishing Limited and associated sponsors will ensure that your personal data is not used if we know that it is not accurate.
9.10 MC Publishing Limited, associated sponsors and its contractors may contact you via email, phone or otherwise in relation to the Promotion.
9.11 At any time, you have the opportunity to require the amendment and/or the deletion, entirely or partly, of such Personal Data. In such a case, Sponsor will ensure the deletion of such data as soon as feasible.
9.12 At any time, you also have the right to request information about the Personal Data we are keeping.
9.13 You can contact MC Publishing Limited at 2 Princes Buildings, George Street, Bath BA1 2ED
No cooperation with Twitter or any social media provider whatsoever exists with regard to this Promotion. For questions of data usage by Twitter, please refer to https://twitter.com/tos
10. LIABILITY AND WARRANTY
10.1 Except in the case of death or personal injury arising from its negligence, or in respect of fraud, and so far as is permitted by law, MC Publishing Limited or any associated companies and agents and distributors exclude responsibility and all liabilities, whether direct or indirect, arising from:
a) any postponement or cancellation of the Prizes;
b) any act or default of any supplier, which are beyond MC Publishing Limited reasonable control.
10.2 MC Publishing Limited and associated 3rd party promoters does not accept responsibility for any liability arising from technical incompatibility, problems relating to the internet, or technical difficulties of any kind.
10.3 MC Publishing Limited and associated 3rd party promoters shall not be liable, whether in tort, contract, misrepresentation or otherwise for loss of profits, loss of anticipated savings, loss of goods, loss of use, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
10.4 You agree to indemnify MC Publishing Limited against all liabilities, claims and expenses that may arise from any breach of your agreement with MC Publishing Limited
END OF TERMS AND CONDITIONS