1.1. Welcome to Landshare (“Landshare”). Landshare is operated and owned by KEO Films.com Ltd (“we”, “us” or “our” as appropriate). We make Landshare available through a number of channels, including via the website at www.landshare.net and via an i-phone app.
1.3. If you do not want to be bound by these terms please do not access, use and/or contribute to Landshare or interact with any members of Landshare (“Landshare Members”).
1.4. We may change these terms from time to time. Any changes will take effect seven (7) days after the date of our e-mail to you notifying you of a change or the date on which we post the modified terms on Landshare, whichever is the earlier. Your continued use of Landshare after these terms have been changed will be treated as acceptance by you of the updated or amended terms. If you do not agree to the changes, you must cease using Landshare.
1.5. Additional terms relating to your use of Landshare and interaction (both online and offline) with other Landshare Members are set out in the Code of Conduct.
2.1. In order to interact with Landshare and Landshare Members you must register and become a Landshare Member. When you register (whether via the Landshare Site or the Landshare App) you will be asked to “accept” the terms and, on doing so, you will be deemed to have consented to and will be bound by these terms.
2.2. You must be 18 years or over to register with and/or use Landshare and there must be no reason why you should not be in contact with any other Landshare Members.
3.1. You must ensure that all the information you provide when you register as a Landshare Member is true, accurate, current and complete in all respects.
3.2. You must notify us immediately of any change to any of the information you have previously given us by updating your information in your ‘My Profile’ page of the Landshare website.
3.3. If you are joining Landshare as an individual user your registration is for your sole use only. If you wish to join on behalf of an organisation, by submitting your registration details, you are representing that you have authority to bind your organisation.
3.4. Please do not share your registration details with any other person as you will be held responsible for all activities that occur under your password or account with or without your knowledge. By registering on Landshare, you confirm that you will treat your login details as confidential. If you have any concerns regarding your login details or become aware of any misuse then you must inform us immediately by contacting us at firstname.lastname@example.org.
What we do
4.1. We provide an open platform allowing anyone who wishes to be involved in the Landshare project to register and to search the list of other Landshare Members to identify people who they may wish to contact to assist them (whether as a grower, landowner or helper) in setting up their own landsharing arrangements.
What we don’t do
4.2. We do not have any involvement in or responsibility for the arrangements you make with others through Landshare. They are solely private arrangements made directly between the individuals concerned.
4.3. We do not monitor, check or verify the identity of anyone who registers with Landshare (whether as a grower, landowner or helper) or the information they provide. Nor do we carry out any checks (such as Criminal Records Bureau checks) on anyone who registers. We cannot therefore give any guarantee that any of the Landshare Members are who they say they are or are appropriate for you to contact and we make no recommendations in relation to any of these Landshare Members regardless of the category within which they are registered.
4.4. ACCORDINGLY, WHEN USING THE LANDSHARE SITE YOU TAKE FULL RESPONSIBILITY FOR WHO YOU HAVE CONTACT WITH AND THE NATURE, TERMS AND EXTENT OF THAT CONTACT. YOU MUST CARRY OUT YOUR OWN INDEPENDENT CHECKS ON THESE PEOPLE BEFORE PROVIDING SENSITIVE INFORMATION SUCH AS CONTACT DETAILS OR DECIDING WHETHER TO MEET THEM, ALLOW THEM TO ASSIST YOU OR ENTER INTO ANY ARRANGEMENT WITH THEM. THIS SHOULD INCLUDE CARRYING OUT THE SAME CHECKS AND TAKING THE SAME PRECAUTIONS AS YOU WOULD DO WHEN DEALING WITH ANYONE WHO YOU MET INDEPENDENTLY OFF THE STREET.
4.5. If you have any doubt at all in the veracity and/or safety of another Landshare Member or any information provided by them, immediately discontinue all contact. Report all serious concerns to us via the “Report” buttons on the site and/or by emailing us at email@example.com.
4.6. To be clear, each Landshare Member (including each grower, landowner or helper), acts on his/her own behalf at all times and does not act as our representative or agent in any way. Neither do we endorse or are we responsible for any of the actions of any Landshare Member.
4.7. We provide Landshare Members with the opportunity to form groups of 6 people in order to apply to their local council in order to request an allotment. Landshare assists in providing the pro forma letters to be used in order to request allotments from the council. However, Landshare accepts no responsibility for the council’s actions and is not an agent, sub-contractor, partner or otherwise of the council.
4.8. We also enable Landshare Members to join groups on the website, which will be displayed on the Landshare map on the website. Members of those groups will be able to post information on upcoming events and to send inmail messages to other members of their group. Landshare does not accept responsibility for the actions of those groups or their members or the events they post. Some groups will represent organisations but Landshare accepts no liability for the actions of those organisations and is not an agent, sub-contractor, partner or otherwise of those organisations.
5.1. Landshare is a community space where people can share their resources (and knowledge). It is intended that resources (including land) should be shared predominantly, if not wholly, without any financial fee or charge (although some large landowners may be required to charge a nominal fee for sharing their land). As such, Landshare is not to be used for any commercial purposes (for example advertising).
5.2. Any pro forma/template legal agreement(s) and guidelines for Landsharing are provided for general guidance only and must not be considered as definitive legal advice. Given the large number of situations in which people may wish to interact, you are strongly recommended to obtain independent legal advice before entering into any type of agreement or arrangement with another Landshare Member. We take no responsibility in relation to any agreements that you do enter into nor any other rights, duties and/ or liabilities that you might expose yourself to or require from any other person who you might meet through Landshare or otherwise.
5.3. We have prepared the pro-forma legal agreement(s) that can be downloaded from the Landshare website as simple templates that you may wish to use as a starting point when putting together agreements for Landshare arrangements with other Landshare Members.
5.4. However, each potential growing space is unique and there are numerous complicated laws relating to property that may also differ from site to site. These templates cannot cover every possible circumstance and will always need to be altered to some extent, even for use with the most straightforward Landshare arrangement with another Landshare Member.
5.5. IT IS THEREFORE IMPORTANT THAT, BEFORE YOU PROCEED, YOU TAKE INDEPENDENT LEGAL ADVICE ON:
(I) THE CONSEQUENCES OF ENTERING INTO ANY LANDSHARING ARRANGEMENT;
(II) WHETHER THE TEMPLATE IS A SUITABLE STARTING POINT FOR YOU; AND
(III) THE CHANGES NEEDED TO ADAPT THE TEMPLATE TO YOUR CIRCUMSTANCES.
YOU SHOULD NEVER SEEK TO USE OR ADAPT THESE TEMPLATES WITHOUT OBTAINING THIS ADVICE FIRST AS EVEN SIMPLE ARRANGEMENTS MAY HAVE POTENTIALLY SERIOUS UNINTENDED LEGAL CONSEQUENCES.
5.6. These templates and any guidelines are provided only for use with the Landshare project and should not be used for any other purposes. In particular they are not intended to be used for business purposes.
5.7. We shall not be liable for any losses, including without limitation any loss of profit or revenue that you may suffer in connection with these templates, any guidelines or any other information or content made available from Landshare even if caused by our negligence.
6.1. The following applies to your use of the interactive features contained on Landshare:
Our Code of Conduct
6.2. Please click here and read the Landshare Code of Conduct that applies to the posting and contributing of content to Landshare. These reflect the principles and etiquette which we would like all our Landshare Members to respect when interacting with each other through Landshare.
The rules of the Landshare community
6.3. Any content which you and other users post or contribute to Landshare using its interactive features, including forums, questions and answers and blogs is generally known as “user generated content” or “UGC” for short. The following provisions explain the rules for contributing content, how we and other users may use your UGC and how you can use their UGC.
6.4. Obviously we positively encourage Landshare Members to make full use of Landshare and in particular participate in the Landshare community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in our Code of Conduct as well as the rules set out below:
6.4.1. You agree to ensure that:
§ all information provided by you via Landshare or which you provide to other Landshare Members or in connection with any potential Landshare Project is accurate, true and up to date in all respects and at all times and is not misleading in any way;
§ all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
§ you will use Landshare and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these terms;
§ you will not harass or mislead or act unlawfully towards any person that you have contacted via Landshare or disclose or use any contact information that they may provide to you without their consent;
§ you will cease to contact anyone that you have contacted via Landshare immediately if they request you to do so; and
§ any content you upload is not in breach of any copyright and in the case of any photos and video that identify individuals, you have their full permission to make their image available through Landshare and to permit their use by others via Landshare in the way described in these terms. In the case of children, you will need to obtain such permission from their parents.
6.4.2. You may not:
§ distribute or post spam, in particular by sending unsolicited marketing messages to other Landshare Members, or distribute or post chain letters, or pyramid schemes;
§ distribute viruses or any other technologies that may harm Landshare or the interests of users of Landshare or Landshare Members or otherwise interfere with or disrupt our servers;
§ post or transmit any advertisements for or solicitations of business;
§ after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
§ except as permitted under these terms, copy, modify, or distribute our content or trade marks from Landshare, Landshare Members’ copyright material and trademarks or any content or trade marks owned by a third party unless you have their explicit permission;
§ harvest or otherwise collect or use information about Landshare Members without their explicit consent;
§ impersonate another Landshare Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
§ allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Landshare Members;
§ continue to use Landshare if you have been suspended or your account terminated;
§ intentionally make false or misleading statements about any proposed landsharing arrangement(s); or
§ engage in any other conduct that restricts or inhibits any other persons from using or enjoying Landshare, our platform or the Landshare project, or which, in our judgment, exposes us to any liability or detriment of any type.
6.5. Please note that any posting of information on or via Landshare (including by our ‘Helpers’ and ‘Experts’) is the opinion of the person posting only and does not necessarily reflect our opinions or attitudes. Although we believe the Landshare community contains a huge wealth of information of benefit to many users, you must remember that we operate an open platform and sometimes content is posted that is misleading, deceptive, or indeed completely wrong. You should not therefore rely on information being accurate or complete. If you do, you do so at your own risk.
6.6. You should only contribute UGC to Landshare if you know that you have the necessary rights to do so.
Content you upload
6.7. By uploading or posting any content to Landshare, whether text, images, video or sound recordings, you are giving a warranty to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Landshare and permit its use via the Landshare site and the Landshare app and in Landshare newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these terms.
Who can use your UGC and how they can use it
6.8. When you contribute UGC to Landshare:
§ you are granting us unlimited, non-terminable and free permission to make all or any part of your UGC available through Landshare (via the Landshare site and the Landshare app) to other users of Landshare, to include certain UGC in Landshare newsletters, to allow any other sites to embed Landshare activity on their sites and to allow third party sites to link to pages on the Landshare Site which contain your UGC;
§ you are granting to every other user of Landshare unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph below headed Your permitted use of UGC on Landshare
§ you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
6.9. You are free to:
§ view any UGC posted to Landshare on screen, download any such content onto your computer hard drive to view later, print one copy of any such content or send it by way of a link to others
§ you only make non-commercial use of it;
§ you do not edit the content
§ you keep all copyright and proprietary notices contained within the content in tact.
7.1. All of the content on Landshare is owned by us or our licensors and is protected by UK and international copyright laws.
7.2. Our content includes any information or other material found on Landshare, including databases, graphics, software and all other features of the Landshare Site and Landshare App. You may download any individual page of the Landshare Site onto one computer hard drive or print one copy of such page or view any video or images provided you keep intact all and any copyright and proprietary notices and do not edit the same. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
7.3. The trade marks, ‘Landshare’ and ‘Landshare.net’ together with our logos ‘Landshare’ and “Connecting growers to people with land to share” are owned by us or our licensors. No permission is given in respect of the use of any of these brands or marks and any such use may constitute an infringement of the holder’s rights.
8.1. We do not monitor the use of the Landshare community facilities (including Landspot, the internal communication system and content uploaded by Landshare Members), so we do rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Landshare please contact us at firstname.lastname@example.org.
8.2. We reserve the right (but we are not obliged) to do any or all of the following:
8.2.1. record the content (including any communications) posted via Landspot, the Landshare community or in our communication systems;
8.2.2. investigate a claim that any one or more items of content do not conform to the terms of clause 6 (About content you and others provide to Landshare ) and determine in our sole discretion to remove or request the removal of the content;
8.2.3. remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fail to conform with these terms;
8.2.4. terminate a user's access to post content;
8.2.5. monitor, edit, or disclose any content;
8.2.6. edit or remove any content posted on Landshare, regardless of whether such content breaches these terms.
8.3. If you disagree with a decision made by us, you should email your appeal to email@example.com. You must not use the community facilities to dispute or argue about any decision we make.
8.4. Any decision we make to remove or request the removal of any content or to terminate or suspend the account of any individual or organisation shall be final and binding. The termination or suspension of an account shall apply to any and all user accounts that may have been used by that individual or organisation whether or not opened by that individual or organisation.
Disclosing Personal Information
9.1. Please be careful when using Landshare and/or any community facilities that you do not reveal personal information such as your home or work contact details, your last name or where you live unless in accordance with our Code of Conduct and only where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
Receiving personal information
9.2. If you receive personal information from another user you agree to respect their information and use it only for the purpose that the disclosing user expressly agrees to.
9.3. If you wish to make a complaint about any issue regarding personal information please use the “Report” buttons on the Landshare Site and/or email us at firstname.lastname@example.org.
11.1. You acknowledge that Landshare may include links to third party websites. We do not review these third party websites nor have any control over them and we are not responsible for these websites or their content or availability.
11.2. We do not therefore endorse or make any representations about them, or any content found there, or any results that may be obtained from using them.
11.3. If you decide to access any of these third party websites, you do so entirely at your own risk.
11.5. You may link to Landshare, provided:
§ our site is not loaded into frames on your website, unless we otherwise expressly agree; and
§ your site or service does not misrepresent its relationship with us or present false information about us.
11.6. We reserve the right to withdraw linking permission at any time without prior notice.
12.1. You acknowledge that you may need to download and activate certain software in order to use certain content provided on Landshare. This software will be clearly identified on our site.
12.2. In order to use such third party software or technology you will have to explicitly accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.
13.2. Subject to clause 13.1, the warranties contained in the remainder of this clause 13 are in place of all warranties or conditions implied by law.
13.3. We promise that we will operate Landshare with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of Landshare or any services made available through it. In particular we disclaim any liability in connection with any technical problems you may experience with Landshare which may result in interruptions to Landshare or the service it delivers, or any bugs or viruses in the Landshare Site, Landshare App, the server that makes Landshare available or the content made available through Landshare. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through Landshare are free from such contaminations or other harmful properties.
13.4. We do not review listings nor are we involved in any arrangements made between users. The posting of listings on Landshare and the uploading of photographs to Landspot by Landshare Members do not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement, the quality, safety or legality of any land or help offered, the terms on which any such offers are made available to you, the ability of Landshare Members to share land, nor of helpers to provide resources or to offer produce. You accept that you take full responsibility for: (i) any decision to share land, produce or to offer help, as envisaged in your listing; (ii) negotiate the terms of any contract to share land or produce; and (iii) the resolution of any dispute between you and another user of Landshare. Remember, your arrangement for the sharing of land, produce or resources will be with your selected individual, not us. By offering the functionality to enable Landshare Members to upload photographs to Landspot, Landshare does not in any way condone or encourage use by Landshare Members or anyone else of the land depicted in those photographs without the owner’s permission, nor does Landshare accept any responsibility for the same.
13.5. Please note that any information posted via the functionality available on Landshare is the opinion of the person posting only and, although we have rules for the posting of content, our interactive features are susceptible to misuse. As such you accept that if you do rely on the information posted, you do so at your own risk.
13.6. You will not hold us responsible for any loss you may incur as a result of us taking any of the actions described in clause 8 (Misuse of Landshare ) of these terms nor for other users' or Landshare Members’ actions or inactions, including breach of these terms, nor of any actions of the Landshare ‘Helpers’ or ‘Experts’.
13.7. Occasionally we are unable to perform our obligations under these terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
13.8. WE WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSS OF BUSINESS, BARGAIN, DATA, PROFIT, GOODWILL, REPUTATION, OPPORTUNITY OR ANY OTHER INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS IN CONSEQUENCE OF ANY BREACH OF THESE TERMS.
14.1. You agree to only use Landshare in accordance with these terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of: (i) any breach by you of these terms; (ii) any breach by you of any laws; and (iii) any liability we incur as a result of your use of Landshare and/or any other service we provide by any other person using your log in details.
15.1. If you have any complaints, please contact us via e-mail or by post at 101 St John St London EC1M 4AS and we will try to resolve them.
16.1. We recommend that one of the terms of the contract that you agree with any Landshare Member with whom you may choose to partner includes a mechanism for dealing with any disputes, should they occur.
16.2. We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Landshare Member.
16.3. If a complaint is made to us about a breach of these terms by a Landshare Member, we will conduct an investigation in so far as we are able. In particular, by reviewing the listing made, and any exchange of communications between you and another Landshare Member that took place via our server. After our investigation we may take action in accordance with clause 8 of these Terms (Misuse of Landshare ). Please note that due to our obligations to keep account details private, we cannot divulge details of any action we take to you.
17.1. If any part of these terms is found to be unenforceable as a matter of law, all other parts of these terms shall not be affected and shall remain in force.
17.2. These terms govern our relationship with you and represent our entire agreement with you.
17.3. This agreement is personal to you. You may not assign, sub-license or otherwise transfer any of your rights under these terms.
17.4. If you breach these terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms again.
Exclusion of third party rights
17.5. These terms do not create any right enforceable by any person who is not a party to this agreement.
18.1. This agreement between us will be concluded in English. Any disputes or claims between us arising out of or in connection with the contract are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with this agreement, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have exclusive jurisdiction to deal with such dispute.
These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions on http://www.landshare.net (“the Site”) (each a "Competition"), unless otherwise expressly stated.
By entering a Competition, entrants agree to be bound by these Rules.
The Competition is organised by KEO films.com Ltd a company registered in England. Company registration number 3138064. VAT registration number 927579377. Registered office 101 St John St London EC1M 4AS ("we”, “us” or “our” as appropriate). You can contact us in relation to any competition by writing to us at this address or by emailing us at email@example.com
Rules specific to each Competition will be communicated on the site and in relevant email newsletters ("Competition Notice") and are incorporated into the Rules. Should you be unclear about those rules, please contact us to obtain a copy of the same. If requiring a copy to be sent by post, you will be required to provide us with a stamped self-addressed envelope. In the event of differences or discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
We reserve the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside our reasonable control.
Any changes will be posted either within these terms and conditions, on the Site or in an email newsletter.
In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, our decision shall be final and no correspondence or discussion shall be entered into.
19.1 COMPETITION ENTRIES
Unless stated otherwise in the Competition Notice, you (“the Entrant”) may enter the Competition as many times as you like however where a winner has been selected and we discover or has reasonable grounds to believe the winner has used any software or automated process either to answer questions or to make bulk entries, we may select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.
Competition entries must be made in the manner and by the closing date and time specified on the Competition Notice. Failure to do so will disqualify the entry.
There is no purchase requirement to enter a Competition and there is no charge to register for use of the Site.
Proof of posting or emailing cannot be accepted as proof of delivery. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside our control.
Entrants should note that unless stated otherwise, we do not accept responsibility for the return of any Entries, including those consisting of artistic or other material.
19.2 QUALIFYING ENTRANTS
Employees (or members of the families or households of employees) of KEO, HFW Interactive Limited or any company involved in the Competition or, if relevant, production of a television programme to which a Competition relates, or any advertising agency or web company connected with the Competition or any such person’s subsidiary or associated companies, are not eligible to enter the Competition.
We reserve the right not to award a prize (and to select an alterative winner) if we are aware or have reasonable grounds to believe that a winner is not eligible.
Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire. These will be set out in the Competition Notice.
By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. We reserve the right to verify the eligibility of all entrants.
The address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Competition Notice, Competitions are only open to residents of the United Kingdom and you are not entitled to enter the Competition if you are resident outside of the United Kingdom.
Where a Competition is open to all age groups, we assume that by using the Site and entering the Competition (and you warrant that) you meet any age requirements in the Site terms and conditions and if we allow for users under 18 years of age, that your parents have consented to your entry into the Competition and these Rules. If a Competition is only open to a certain age group (e.g. 18 and over), this will be set out in the Competition Notice and we assume that by entering the Competition (and you warrant that) you are the appropriate age to enter the Competition).
We reserve the right to disqualify any Entrant if it has reasonable grounds to believe the Entrant has breached any of the Rules.
In the event that any Entrant is disqualified from the Competition, we in our sole discretion may decide whether a replacement should be selected. In this event, any further Entrant will be selected on the same criteria as the original Entrant and will be subject to these Rules.
Unless stated otherwise in the Competition Notice, prize winners will be chosen at random from all correct Entries (for competitions involving answering questions or where entry is by emailing or otherwise providing a name and/or contact details to us) or from all submitted entries (where creative or artistic merit or other subjective criteria apply to entries (unless these are being judged as set out in the Competition Notice), within 28 days of the closing date specified in the Competition Notice.
Tie-breakers will be judged by us and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and us shall be final and no correspondence or discussion shall be entered into.
Prize winners will be notified in the manner and within the time specified on the Competition Notice (and may be contacted by us or our nominated supplier(s)).
Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per Entrant will be awarded. Competition winner(s)’ names may be published on the Site or you can write to us naming the specific competition including a self-addressed stamped envelope for a list of winners.
Unless specified otherwise in the Competition Notice, prize winners will be notified by email and asked to confirm a postal address within a required time. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
Prizes are non-transferable and there is no cash alternative. We reserve the right to substitute prizes of equal or greater value at any time.
Prizes are awarded at our discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where Entries are being judged on creative or artistic merit or other subjective criteria, we and/or the Competition judges (acting reasonably) reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if Entries are not of the requisite standard.
Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. We reserve the right to request written proof of age of any winner.
All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
19.4 INTELLECTUAL PROPERTY RIGHTS & USE OF ENTRIES
In consideration of us agreeing to consider entrants to the Competition, each Entrant hereby agrees that we (and third parties authorised by us) may make any and all Entries available on the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Entries may be made available with advertising and/or sponsorship.
You now grant us (and third parties authorised by us) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the Entry for such purposes.
We do not guarantee to use or otherwise make available any Entry. We may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
Your Entry and any information submitted by you must be personal to and relate specifically to you.
You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. If relevant, we reserve the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant entering the Competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
Nothing shall exclude our liability for death or personal injury as a result of its negligence.
19.6 DATA PROTECTION AND PUBLICITY
We reserve the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
Data relating to entrants will be retained by us for a reasonable period after the Competition closes to assist us to operate competitions in a consistent manner and to deal with any queries on the Competition.
The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. The Sites are only intended to be accessed from the United Kingdom.
We make no representation that materials on the Site relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom, you are responsible for compliance with all local laws.
Registered in England no. 3138064
Last updated 29th November 2011