These are the General Competition Rules that govern the relationship between you and us when you enter one of our competitions in the absence of any specific terms and conditions in relation to a competition (“Competition(s)”). By participating in any of our Competitions, you agree to be bound by these General Competition Rules (which may be amended or varied at any time by us with or without notice) in the absence of any specific terms and conditions and by our decisions, which are final in all matters relating to the Competitions.
When entering a competition, you should follow any links on the competition entry page of our website to the specific terms and conditions for that particular competition which would apply instead of these General Competition Rules.
1. OUR DETAILS
"We", "us" and "our" means Live Active Leisure Ltd. Our principal place of business is at Caledonia House, Hay Street, PERTH, PH1 5HS. Our VAT number is 125 4634 26 and our Registered charity No: is SC000175. We are registered in Scotland No: SCO42641.
2. CHANGES TO THESE TERMS
We may need to make changes to these terms in future. For example to reflect changes in the type and/or format of competitions that we run or to correct errors in these terms. We will try to keep all such changes to a minimum. We recommend that you check these terms from time to time to see if they have changed. We will always state at the bottom of these terms the date on which they were last updated.
If you continue to enter Competitions after our terms change you will be bound by those changes.
3. MECHANICS FOR ENTRY
(i) The start and closing date for any Competition shall be set out on the Competition entry page.
(ii) You may only enter a Competition if you are a resident of the UK and Ireland and you are aged sixteen (16) and over (unless a higher or lower age limit is specified on the Competition entry page in which case that will apply and we reserve the right to implement age requirements where necessary).
(iii) You may not enter a Competition if you are an employee or immediate relatives of any employees of Live Active Leisure Ltd. or of any Competition sponsors, Prize providers, co-promoters or their group or affiliate companies or any other person professionally connected with the Competition.
(iv) One (1) entry per person, which must include the information requested on the Competition entry page which may include your name, age, e-mail address, postal address, telephone number of entrant and/or answer to the question.
(v) The winner(s) will have answered the question correctly and will be the first entry/entries randomly drawn on the date of the Prize draw from all correct entries received.
(vi) The winner(s) will be notified by e-mail or telephone as soon as possible after the Competition draw and may receive subsequent written confirmation and full details of the Prize.
(vi) In the event that we cannot for any reason contact the winner within a reasonable period of time from the Prize draw, we reserve the right to draw another winner.
(vii) Our decision is final with respect to any aspect of the competition, including the determination of any winner(s) of a Prize and no correspondence will be entered into.
(viii) The names of the winner(s) can be obtained by sending a stamped addressed envelope to Marketing Team, Live Active Leisure, Caledonia House, Hay Street, PERTH, PH1 5HS (specifying the Competition) for one (1) month after the Competition closes.
(i) All Prizes are non-transferable and no cash alternative will be offered. Arrangements for the fulfillment of Prizes will be made by us. If due to circumstances beyond our control we are unable to provide any stated Prize(s), we reserve the right to award a substitute Prize of equal value. All Prizes are subject to the additional terms and conditions of the manufacturer or supplier.
(i1) The winner(s) agree that Live Active Leisure Ltd, their subsidiaries, affiliates, related companies and employees, and any other sponsors and Prize providers shall have no liability in connection with acceptance or use of any of the Prizes awarded in the Competitions. We reserve the right to disqualify any entrant and/or winner at our absolute discretion.
5. LICENCE FOR MATERIAL SUBMITTED BY YOU OR FOOTAGE FILMED OF YOU
In exchange for allowing you to enter the Competition, you hereby:
• grant us the exclusive right to film, tape, sound record and photograph all your activities in connection with the Competition and (if applicable) any Prizes. Everything filmed, taped or recorded of you by the Promoter shall be known as “Footage”
• assign to us fully all intellectual property rights in any Footage throughout the world for the full term of any rights that may exist under any applicable law throughout the world. This means that we own all rights in the Footage for as long as they exist. We may require you to sign a release form consenting to the filming/recording of the Footage, the assignment of all rights in such Footage to us.
• waive any “moral” rights that you may have in your Material or the Footage for the purposes of us using it in accordance with these General Competition Rules. Your moral rights include the right to be identified as the author and the right to object to derogatory treatment of your Material or the Footage. We need this waiver because we may not always be able to identify you (or other users who have uploaded content) as the author, and we need to be able to edit or treat your material as we see appropriate in our editorial judgment.
• agree that we may use your, name and/or likeness, voice, photographs and/or video footage of you, biographical information provided by you and/or any statement made by you concerning the Footage to use Competition and/or the Prize(s) in connection with publicizing the Competition, in any and all media in perpetuity throughout the world in any manner we choose without restriction
Terminating the licence in your Material
If you want us to stop using your Material please tell us submit the details of your material along with your instruction to remove this material using our email contact form. We will then stop using your material as far as reasonably practicable. However we are not obliged to stop your material where it is already being used or where we have already incorporated it into compilation packages or other programming or where we have sublicensed your Material to a third party.
It is very important that the Material you provide as part of a Competition is your own work. Material that you did not create yourself, or that include images of people or information about people without their permission can result in serious liability to us and to you.
Accordingly, you promise that:
• You are the only creator, author and owner of the Material you post or upload, or if you are not the exclusive owner you have received written consent from the owner to upload or post the Material and to grant us the rights to use the Material as set out above.
• Our use of your Material will not infringe any intellectual property or other rights of any third party (for example trademarks, copyright, privacy rights). This means that, if your Material contain any underlying copyrights such as music, lyrics, film footage, artwork or other copyright material owned by any other person, you confirm that you have obtained all necessary consents in writing (including from other people appearing in your Material) necessary for us to use your material as set out above.
• The Material will not contain anything that is defamatory, offensive or illegal.
• Your Material is free from any right or claim by anyone under any recording contract, publishing contract, or any union, guild or collecting society such as the Performing Right Society and you agree that you will inform us immediately if this status changes.
(i) We can accept no responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete and/or illegible entries will be disqualified. We shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to any competition.
(ii) We will not be liable to you (whether as a result of contract law, tort, statutory duty or otherwise) for any loss or damage arising out of or in connection with a Competition in respect of losses:
• that are related to a business or commercial undertaking
• that were unforeseeable
• that are related to loss of opportunity, loss of goodwill or injury to reputation
• that are suffered by third parties
• that are caused by loss of data, or computer virus
• in respect of infringement of rights arising as a result of a third party linking to our online services and causing our content to be viewed within the pages of any other website
• that are due to your fault, for example if you have provided incorrect information to us or you fail to comply with our instructions in relation to the Competition and/or Prize
• that are not caused by our breach
If you have a claim against another provider of services in connection with the Competition and/or Prizes you will pursue that claim independently and without recourse to us.
We do not in any way seek to limit or exclude our liability to you for death or personal injury or any loss arising as a result of fraud.
(iii) We shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) and/or any Allowed Guests and/or parent(s)/legal guardian(s) under these General Competition Rules if such delay or failure is caused by circumstances beyond our reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with (i) the activities of third party event organisers; (ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (iii) by third parties providing accommodation included in the Prize. For the avoidance of doubt, the affected Winner(s) and/or any Allowed Guest(s) and/or parent(s)/legal guardian(s) shall be solely liable for any additional costs incurred as a result.
7. DATA PROTECTION
These General Competition Rules shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction in relation to any disputes arising therefrom.
Any queries regarding the competition should be addressed to: Live Active Leisure Ltd. Caledonia House, Hay Street, PERTH, PH1 5HS.