ENTERTAINMENT ONE UK LIMITED
CONTEST SPECIFIC TERMS AND CONDITIONS (IN ADDITION TO THE CONTEST GENERAL TERMS AND CONDITIONS)
Entertainment One UK Limited (eOne).
CONTEST OPENING AND CLOSING DATES:
The Contest will be open for entries from August 21, 2017 until 11:59 PM on October 31, 2017 (the Closing Date). For the avoidance of doubt entries need to be received by eOne by the Closing Date (and therefore if sent by mail, posted with sufficient time to ensure they arrive by the Closing Date). Any entries received after of the Closing Date (for whatever reason) will be invalid.
The Contest is open to permanent residents of the United States of America aged 18 years or over at the date of entry. The Contest is not open to employees or agents of eOne or their immediate families.
ROUTES OF ENTRY:
Entry is free of charge – no purchase is necessary. Entrant may enter the contest online at http://us.benandholly.tv/grown-ups/competitions. No more than one entry per household. No responsibility can be accepted for entries that are lost or delayed, or which are not received for any reason.
There is one (1) GRAND prize package, which includes Little Castle with Holly, Daisy, and Poppy figures, Magic Movers 4-pack, Royal Car with Holly & Nanny Plum, and Fairy Tea Party set ($84.96 value). There are five (5) RUNNER-UP winners; each winner will receive one (1) Ben Single Pack, one (1) Holly Single Pack, one (1) Jake Single Pack, and one (1) Strawberry Single Pack ($15.96 value). The prizewinner will be drawn at random after the Closing Date. The selection of the prizewinner will be supervised by an independent person. The prizewinner(s) will be notified by email that they have won no later than 14 days after the Closing Date. The judges’ decision is final, and no correspondence will be entered into.
PRIZE RESTRICTIONS AND DETAILS:
eOne has the right to substitute the cash equivalent for any prize. Prizes supplied by third parties are always subject to availability. By entering the Contest the prizewinner(s) agree(s) to participate in such promotional activity and material as eOne may reasonably require.
Entertainment One UK Limited.
Offer will be void where prohibited by law and subject to federal, state and local laws. Please note that further terms and conditions apply. http://us.benandholly.tv/grown-ups/privacy-policy to view.
Entertainment one UK LIMITED
COMPETITION GENERAL TERMS AND CONDITIONS (IN ADDITION TO the COMPETITION SPECIFIC TERMS AND CONDITIONS)
1. THESE TERMS AND CONDITIONS
1.1 These terms and conditions (our General Terms) apply to all competitions promoted by Entertainment One UK Limited and its group companies (the Competitions). Each Competition also has 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 Entrant may win (the Specific Terms.) If the Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
1.2 By entering any Competition Entrant agrees that Entrant is legally bound by these General Terms and any applicable Specific Terms.
2. IDENTITY OF THE PROMOTER OF THE COMPETITION
2.1 Unless any Specific Terms tell Entrant otherwise, the promoter of each Competition is Entertainment One UK Limited (eOne). If the promoter is a third party the terms we and us in these General Terms shall refer to both eOne and the third party promoter.
2.2 Entertainment One UK Limited is a company registered in England and Wales. Our registered office is at 45 Warren Street, London, W1T 6AG. Entrant can write to us at that address (attention: eOne Family Licensing) or email firstname.lastname@example.org if Entrant has any concerns in relation to any of our Competitions – please set out clearly the name of the Competition and Entrant’s issue.
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 To enter a Competition Entrant must be aged 18 or over and must be the parent or legal guardian of any child/children featured in any entry (which for the avoidance of doubt shall include information or material submitted in order to participate the Competition).
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 Specific Terms covering the relevant Competition.
3.3 It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from Entrant before awarding prizes. We reserve the right to disqualify any entry which does not comply with these General Terms.
3.4 Employees or agents of eOne and their immediate families may not enter any Competition: neither may the employees of any third party prize providers or their immediate families.
3.5 Entrant, and where applicable their child/children, proposing to participate in any Competition which involves, or to redeem a prize which involves, performing stunts or physical challenges should notify us of any medical condition and we may at our absolute discretion require the Entrant and their child/children, 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.
4. ENTRY AND ENTRY METHODS
4.1 Entrant must enter the Competition as specified in the Specific Terms.
4.2 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 our brand that is running the Competition in question. We accept no responsibility for any late, lost or misdirected entries including but not limited to emails not received due to technical disruptions, network congestion or any other reason.
4.3 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.
4.4 Names: Entrant 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.
4.5 Multiple Entries: Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
4.6 Retroactive Effect: Where an Entrant or prizewinner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions set out in this rule 4, we may enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the Entrant or prizewinner in question.
4.7 No Payment: No fees shall be payable to any Entrant or their children in relation to their entry in any Competition.
5.1 All stated prize values are at the supplier's recommended retail price in US dollars and are correct at the time of printing. We take no responsibility for any fluctuations in prize values.
5.2 We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value or nature. We offer no cash alternative for non-cash prizes and prizewinners must accept prizes in the form offered.
5.3 All prizewinners will be notified that they have won a prize within fourteen (14) days of the closing date of the Competition by telephone, e-mail, or via the method specified in the Competition Specific Terms.
5.4 All prizes must be claimed within 72 hours 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 prizewinners or not to award them at all and we shall have no liability in respect of the entry initially selected. Any prize which is returned as undelivered will be used for another Competition or sent to charity.
5.5 If Entrant calls to claim a prize from a "withheld number" line Entrant must provide us with their contact details, otherwise we may be unable to contact Entrant and Entrant may as a result forfeit their prize.
5.6 Physical prizes will be sent to the prizewinners to an address within the US only within 30 days of the prize being claimed by the prizewinner via the US mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
5.7 A list of prizewinners for a Competition can be obtained by e-mailing email@example.com and quoting the name of the Competition.
5.8 We reserve the right to request proof of a prizewinner's identity, age and address. In the event that a prizewinner cannot provide us with proof of identity and age reasonably acceptable to us, we may withdraw the prize and select another prizewinner.
5.9 We reserve the right to disqualify Entrant from entering our Competitions or any prizewinner from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behavior.
5.10 All prizes are non-transferable and non-exchangeable. Where prizes consist of entry tickets, attendance at events, vacations and similar time-specific benefits, they must be taken on the dates specified in the relevant Specific Terms. If a prizewinner 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 prizewinner. No cash will be awarded in lieu of that prize or part of it.
5.11 Any tax payable as a result of a prize being awarded or received will be the responsibility of the prizewinner. Prizewinners should seek independent financial advice prior to accepting a prize if this is a concern. In the event that the retail value of any Prize exceeds $600 we will issue a Form 1099 to the Prizewinner (which will require the Prizewinner’s Social Security number).
5.12 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 Entrant in relation to any prize, its fitness for purpose, merchantability or otherwise.
5.13 No additional, further or other costs or expenses (including travel expenses) are included in any prize unless stated. Such expenses shall in no circumstances be reimbursed by us.
5.14 Prizes supplied by third parties are always subject to availability. Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prizewinners agree to be bound by such Terms (which will be available for Prizewinners to review). Subject to paragraph 17.2, we shall have no liability in relation to any prize provided by a third party provider.
6.1 Where any prize is awarded via a prize draw, the prizewinner will be chosen at random from all qualifying entries within seven (7) days of the Competition Closing Date (unless otherwise specified in the Specific Terms).
6.2 If we become aware that the same person has been selected as a prizewinner more than once, that person will win once only and we will draw another name.
7. VACATION PRIZES
7.1 Because of their complexity, we have certain special terms that apply to vacation prizes. These terms are set out in this rule 6. Where vacation prizes include a place for a travelling companion (i.e. a vacation for the prizewinner plus guest) then these terms also apply to those persons.
7.2 It will be each prizewinner’s or (if applicable) their travelling companion'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. All insurance, spending money and other expenses, unless otherwise stated, are costs for the prizewinner and are not provided as part of any vacation prize.
7.3 Vacation prizes do not include airport departure or government taxes. These must be paid by the prizewinner or any travelling companion.
7.4 The prizewinner and any travelling companion must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to prizewinners and/or their travelling companion. We shall not be responsible for ensuring Entrant’s ability to travel to the vacation destination nor for any additional costs incurred should Entrant be refused entry.
7.5 It is the responsibility of the prizewinner or any travelling companion (if applicable) to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the vacation destination. We will not be responsible for any loss or damage suffered by any prizewinner and their travelling companion (if applicable) arising out of their failure to follow any travel advisories issued by the Government.
7.6 The prizewinner and their travelling companion (if applicable) must comply with and are responsible for obtaining any inoculation and complying with any health regulations required by any vacation prize destination country.
7.7 We will not be liable or responsible for any loss or damage suffered by any prizewinner or their travelling companion (if applicable) if any prizewinner or their travelling companion (if applicable) does not redeem a vacation prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries. In particular, we shall have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prizewinner and/or their travelling companion (if applicable) fails to redeem a vacation prize for any reason.
7.8 Prizewinners and their travelling companions must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any vacation prize, including any insurance policy relating to the vacation. In particular, the prizewinner must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7.9 Where the United States of America is a vacation prize destination, the prizewinner and any travelling companion will be required to apply for an Electronic System for Travel Authorization (ESTA). Applications must be submitted no later than three (3) days prior to the departure date. If this form is not lodged by both parties and within this time, they will be ineligible to enter the United States of America and will therefore forfeit their vacation prize.
7.10 All vacation prizes must be taken within six (6) months of the closing date of the relevant Competition, or within the time limit specified in the Specific Terms if different, or the prize will lapse.
8. EVENTS PRIZES AND CHARACTER VISITS
8.1 Where the prize for any Competition involves the prizewinner's attendance at (or tickets to) an event, the prizewinner 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 prizewinner (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
8.2 Where prizes comprise or include "meet and greet" elements with celebrities, the prize may be subject to the availability of the celebrity in question or to rules imposed by the celebrity and we will have no liability for any inability or failure of any prizewinner 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 such failure.
8.3 Where the prize for any Competition involves a costumed character visit, the costumed character will attend the prizewinner’s home address, or such other address we agree to at our sole discretion (the Visit Premises), for the length of time and on the date specified in the Specific Terms. We have the right to provide an alternative costumed character to that specified in the Specific Terms. The costumed character is available for “meet and greet” purposes and will not undertake any other entertainment services during the visit. For the avoidance of doubt we will arrange and meet the costs of any travel and accommodation for the costumed character in connection with the visit. Prizewinner is responsible for all safety and security of the Visit Premises and are liable for any loss or damage suffered by the costumed character or any other person at the Visit Premises. We accept no liability in connection with the costumed character for such time as he is at the Visit Premises.
9. PUBLICITY AND PERSONAL INFORMATION
9.2 If an Entrant is required to submit a third party’s personal information as a part of entry into or participation in any Competition, each Entrant must ensure that any other person whose details have been provided by the Entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competition. Where the Entrant is providing their child/ children’s details they consent to such information being provided to us.
9.3 By entering the Competition Entrant warrants and undertakes that the information submitted is true, accurate and complete.
9.4 It is a condition of entry to our Competitions that we have the right to communicate to the public the names and counties of prizewinners. Entrant agrees, and, where applicable, Entrant consents on behalf of their child/children, to:
9.4.1 their or their child/children’s name, likeness, and any Competition entry submissions, being used in connection with the Competition and for promotional purposes in any and all media (including without limitation any of our websites and Facebook pages) throughout the world in perpetuity without any payment to the Entrant or the Entrant’s child/children; and
9.4.2 participate in any reasonable related publicity without payment to the Entrant or the Entrant’s child/children.
9.5 If Entrant wins a prize, Entrant acknowledges and consents to publicity materials featuring Entrant and/or Entrant’s children being provided to our third party prize providers for the purposes of promoting their association with the Competition and for awarding the relevant prizes.
10. PHOTOGRAPHS AND VIDEOS
10.1 Should any Competition require Entrant to submit a photograph or video clip as a part of entry into or participation in a Competition (collectively, Photograph):
(a) Entrant warrants that they or their child/children are the person in the Photograph or have prior approval from the person in the photograph that it may be submitted as part of their entry;
(b) the Photograph was created by the Entrant (and does not contain any material created by any third party and in the event that it does Entrant fully indemnifies the Promoter against any third party claims which may arise out of a violation of this section)
(c) Entrant agrees that we have the right to publish and communicate to the public the Photographs in any media (including but not limited to online) at all times without restriction or limitation throughout the world and not only for the purposes of the Competition;
(d) Entrant acknowledges that we may edit the Photographs in our sole discretion;
(e) Entrant agrees that we have the right to use their, and, where applicable, their child/children’s names, likenesses and other personal information in conjunction with the Photographs for promotional purposes;
(f) Entrant agrees not to bring against us any actions, suits, claims and demands us any respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photographs;
(g) Entrant unconditionally waives their right to seek or obtain an injunction to prevent or restrict our use of the Photographs.
11.1 By entering our Competitions Entrant hereby:
(a) assigns to us all rights (including present and future copyright) in their entry in all media (including, without limitation, the internet) and whether in existence now or created in the future;
(b) agrees not to assert any moral rights in respect of their entry (wherever and whenever such rights are recognized) against us, our assigns, licensees and successors in title;
(c) undertakes to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting Entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the Entrant and to edit, refuse to distribute or remove the same; and
(d) confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
11.2 Where the Entrant’s child/children have contributed to the Competition entry, the Entrant consents on behalf of their children to rule 12.1.
11.3 For the avoidance of doubt, all rights in the name and title of the Competition and the format of the Competition are our sole property and we may exploit the same at our absolute discretion.
12. TAMPERING AND OTHER MATTERS
12.1 If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorized 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 a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes the problem.
13. TERMINATION OF COMPETITION
13.1 We may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any Entrant or other person. We will not award any prize if the Competition is terminated before the draw.
14. DECISIONS FINAL
14.1 All our decisions relating to any Competition and/or redemption of the prizes are final. No discussions or correspondence with Entrant or any other person will be entered into.
14.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
14.3 Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
15. FAILURE TO ENFORCE TERMS AND CONDITIONS
15.1 A failure by us to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any Entrant or prizewinner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
16. EXCLUSION OF LIABILITY
16.1 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.
16.2 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any Entrant or prizewinner 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 rule. 16.2 shall also apply in respect of any prize provided by a third party provider and to any social networking site (where the Competition is hosted by a social networking site).
16.3 Where a competition is hosted by a social networking site, the Competition is in no way sponsored, endorsed, administered by or associated with that social networking site and such networking site shall have no liability whatsoever arising out of Entrant’s participation in the Competition.
16.4 By entering the Competition, the Entrant indemnifies us against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the Entrant of any agreement, conditions, obligation or warranty on the part of the Entrant herein.
16.5 In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
17.1 These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.