SIMPLY MEDIA – GENERAL TERMS AND CONDITIONS
1 THESE TERMS AND CONDITIONS
1.1 These terms and conditions are our "General Terms" and they apply to the creation of an account with Simply Media Group Limited. These terms and conditions also apply to every "Competition" that we, Simply Media Group Limited, administer.
1.2 Each Competition will also have its own details explaining how to enter, what the opening/closing dates are, what the Competition winner’s prize will be etc. They may also contain "Specific Terms" and conditions relating to your entry, and additional consent to these specific terms and conditions will be asked for at the point of entry.
1.3 You should always read these General Terms together with the Specific Terms. If any Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
1.4 We may change these General Terms at any time so you should check this page regularly for any changes. Changes will apply from the date that they are published on this page.
1.5 By entering any Competition you are accepting that you will be legally bound by these General Terms and the applicable Specific Terms.
2 CREATING AN ACCOUNT WITH SIMPLY MEDIA GROUP LIMITED AND THE PROMOTER OF EACH COMPETITION
2.1 By creating an account with Simply Media Group Limited, you agree to enter into a contract with us for the purpose of competition entry on any and all Simply Media Group Limited digital properties. This contract has no minimum contract length and has no cost associated with it. It can be cancelled at any time.
2.4 The "Promoter" of a Competition is the person who is legally responsible for administering it. For our Competitions, this will always be us - Simply Media Group Limited (with company number 09705654), registered in England with registered offices at Atticus House, The Windmills, Alton, Hampshire, GU341EF, UK
2.5 If you have any concern in relation to any of our Competitions or to your contract with us, please email email@example.com or write to us at.
- Data Protection Officer,
Simply Media Group Limited,
Atticus House, The Windmills
Alton, Hampshire, GU341EF, UK
2.6 If you write to us, please make sure you state the name of the Competition, the name of the digital publication which promoted it and (where applicable) details of the initial response.
3 ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Unless we impose a particular age limit for a Competition, they are open to all persons aged 18 at the date of their entry.
3.2 Certain Competitions may have additional eligibility requirements such as valid passports, visas, driving licences, good physical health etc. All eligibility requirements will be detailed in the applicable Specific Terms.
3.3 Whether any eligibility requirement has or has not been met is always at our sole discretion and we may require evidence or confirmation from entrants before awarding prizes.
3.4 Simply Media Group Limited employees and their immediate families (and the employees of any third party sponsors, prize providers or their immediate families) may not enter any Competition.
4 ENTRY AND ENTRY METHODS
4.1 Deficient entries: In all Competitions, we reserve the right to reject any entries that are 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. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
4.2 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.
4.3 Prize Limits. There is no limit on the value of a single prize that may be provided to the individual winners of a Competition. However, no person or persons at the same residential address may win more than one prize valued at £500 or more via any of our Competitions in any six (6) month period.
4.4 Retrospective Effect. Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition, we may still 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 prize winner in question.
5.1 We reserve the right (when reasonably required to do so) to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered.
5.2 All prize winners will be notified that they have won a prize within twenty-eight (28) days of the closing date of the Competition via at least one of the following methods:
a) by email;
b) through the ‘my account’ page on our digital properties;
c) in writing;
5.3 Prizes will be dispatched to the winners via the Prize Provider and via the local 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. Further details will be set out in the Specific Terms and/or given to winners when they are notified that they’ve won.
5.4 Prizes will only be delivered to an address within the country where the prize was offered. Should a prize winner's contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
5.5 We reserve the right to request proof of a prize winner's identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize winner.
5.6 All prizes are non-transferable and non-exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified by us. Prize winners will forfeit any element of their prize that they do not take at the time stipulated in the Specific Terms. No cash will be awarded in lieu of that prize or any part of it.
5.7 Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
5.8 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.9 All stated prize values are at the supplier's recommended retail price in the local currency and are correct at the time of printing. We take no responsibility for any fluctuations in prize values.
5.10 No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue or an event are not included and any accommodation prize includes basic room charge only.
5.11 Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. Subject to paragraph 18.2, Simply Media Group Limited shall have no liability in relation to any prize provided by a third-party provider.
6 HOLIDAY PRIZES
6.1 Due to their complexity, these additional terms apply to holiday prize winners and (if the holiday is for the prize winner 'plus guest(s)') any travelling companion that accompanies the prize winner on the holiday as their "Guest".
6.2 Unless otherwise stated in the Specific Terms, holiday prizes:
a) do not include insurance. It will be the responsibility of each prize winner's (and, if applicable, each Guest that accompanies them) to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to obtain; b) consist of flights and accommodation only and do not include airport departure or government taxes, spending money, airport transfers or other expenses. These must be paid by the prize winner (and their Guests);
c) must be taken within six (6) months of the closing date of the relevant Competition or the prize will lapse; and
d) are also usually subject to the prize provider's terms and conditions, which will apply to the prize winner (and their Guests) as well.
6.3 It is the responsibility of the prize winner (and, if applicable, each Guest that accompanies them) to ensure their ability to travel to their holiday destination and return home and, in particular, to:
a) ensure that they have a valid passport endorsed with all relevant visas and with expiry date no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation. 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 prize winners and/or their travelling companions;
b) check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination;
c) obtain any inoculation and comply with any health regulations required by any holiday prize destination country;
d) comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements; and
6.4 We will not be responsible for any loss or damage suffered by any prize winner (and/or any Guest that accompanies them) that arises out of their failure to arrive at any holiday destination or return home from any holiday destination, nor will we have any obligation to substitute an alternative prize, cash equivalent or other compensation where a prize winner (and/or their travelling companion) is unable to travel to any holiday destination or fails to redeem a holiday prize for any reason.
7 EVENTS PRIZES
7.1 Where the prize for any of our Competitions involve the winner's attendance at (or tickets to) an event, the prize winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the winner (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
7.2 If a Competition that you participate in or a prize that you win involves travel, stunts or physical challenges you should notify us of any medical condition that you (and, if applicable, your Guests) have and at our absolute discretion we may require you (and your Guests) as a condition of entering the Competition or receiving the prize to:
a) submit to a medical examination by a medical practitioner approved by us and obtain medical clearance to participate in the Competition and/or redeem the prize; and/or
b) execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
7.3 Where prizes comprise or include "meet and greet" elements with celebrities, the prize may be subject to the availability of the celebrity in question and we will have no liability for any inability or failure of any prize winner to attend any "meet and greet" session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
8 UNCLAIMED PRIZES
8.1 All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
8.2 We reserve the right to award prizes unclaimed after these periods to alternative prize winners or not to award them at all.
9 PUBLICITY AND PERSONAL INFORMATION
9.2 If you are required to submit a third party’s personal information to enter or participate in a Competition, you must ensure that the person whose details you submit has given their explicit consent for you to provide us with their details.
9.3 It is a condition of entry to all our Competitions that we have the right to publish the name of the winner on our Winners List pages.
9.4 Entrants, particularly prize winners, may be asked to participate in photo and/or filming session(s). You consent that we shall have the right to use all the resulting publicity materials in any media and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions. This includes providing these materials to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
9.5 No fees shall be payable to any entrant in relation to their entry in any Competition.
10 PRIZE DRAWS
1o.1 Where any prize is awarded via a prize draw, prize winners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition closing date.
11.1 By entering our Competitions all entrants:
a) assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;
c) undertake 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;
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 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
12.1 Entrants must be a minimum of 18 years of age at the time of entry and Simply Media Group Limited reserves the right to request proof of a prize winner's age in the form of a passport or driver’s licence. In the event that a prize winner cannot provide us with proof of age reasonably acceptable to us, we may withdraw the prize and select another prize winner.
13 TAMPERING AND OTHER MATTERS
13.1 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, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of 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 (or has caused) the problem.
14 LEAVE FOR PARTICIPATION
14.1 Obtaining time off work and/or study or related activities to participate in a Competition and/or take a prize will be the sole and absolute responsibility of each contestant.
15 TERMINATION OF COMPETITION
15.1 The Promoter may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Competition is terminated.
16 DECISIONS FINAL
16.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
16.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
16.3 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.
17 FAILURE TO ENFORCE TERMS AND CONDITIONS
17.1 A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
18 EXCLUSION OF LIABILITY
18.1 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.
18.2 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph 19.2 shall also apply in respect of any prize provided by a third-party provider.
18.3 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.
19. GOVERNING LAW
19.1 These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales and specifically will not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable.
19.2 Arbitration. You understand and agree that all claims, disagreements, disputes or controversies between you and any Simply Media Group entity, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies arising out of or relating to the sites, the use or access thereof, or these terms shall be resolved by final and binding arbitration, which must be commenced within one (1) year after such claim or cause of action arises. Because the sites provided to you by Simply Media Group Limited concern interstate commerce, the federal arbitration act ("faa") governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. The arbitration shall take place in London, UK. The arbitration shall be administered by the International Centre for Dispute Resolution (“LCDR”) in accordance with title 9 of the us code (united states arbitration act) under the LCDR’s commercial dispute resolution procedures as supplemented by the supplementary procedures for consumer-related disputes (and as stated therein, if there is a difference between the commercial dispute resolution procedures and the supplementary procedures, the supplementary procedures will be used). You and we voluntarily and knowingly waive any right you or we have to a jury trial.
19.3 No class actions. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity.
Last updated 24th May 2018 v1.1