1. Unless otherwise stated, Nixam Digital Limited of Brighton, Sussex (“KiteShake”) is the Promoter of the Competition.
2. These rules and/or any other rules specified by KiteShake or by any other company in its group of companies (the “Company”) from time to time (“Competition Rules”) apply to any competition which is run by or on behalf of the Company (“Competition”).
3. By taking part in a Competition, you agree to be bound by the Competition Rules and by the decisions of the Promoter which are final in all matters relating to the Competition in every situation, including any not covered in the Competition Rules and no correspondence will be entered into.
4. The Promoter reserves the right to disqualify any entrant and/or winner in its absolute discretion for any reason. and to amend the Competition Rules or cancel it at any time without notice.
5. Unless otherwise specified, no purchase is necessary to enter the Competition.
6. All entries must be received at the place specified and during the period in which the Competition is open and late or incomplete entries will be disqualified.
7. Proof of posting (if relevant) shall not be deemed proof of delivery. No responsibility can be accepted for entries which are lost, delayed, misdirected or corrupted during delivery to or from the Promoter for any reason whatsoever and incomplete or illegible entries and/or those not made in accordance with the Competition Rules shall be invalid.
8. Entries must be submitted by an individual (not via any agency or similar) and, unless otherwise stated, are limited to one per household.
9. Prizes may be provided by a third party sponsor of the Competition. The Promoter and the Company shall not be liable for any failure or complaints regarding the condition of the prizes and any such complaints should be made to the sponsor directly. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
10. The Promoter reserves the right in its sole discretion to substitute any prize with cash or a prize of comparable value.
11. The winning entry will be that which has met the entry criteria and which most closely meets the Competition criteria specified.
12. Unless otherwise stated, each Competition is open to anyone who is 18 years old and over, except employees of:-
(a) the Promoter and the Company; and
(b) any third party appointed by the Company to organise and/or manage the Competition; and
(c) the Competition sponsor(s) and;
(d) members of the above employees’ immediate families or those persons living in the same household; and
(e) any residents and/or citizens of a country that is currently subject to trade restrictions with the UK or any of her allies.
13. By entering a Competition you:
(a) grant the Promoter, the Company, any third parties appointed by the Company for the purpose of organising and/or managing the Competition and the Competition sponsor(s) permission to use your name and likeness for the purpose of organising and/or managing the Competition, for announcing the winner(s) of the Competition and for related promotional purposes and grant the Promoter, the Company and any Competition sponsor(s) the right to use your personal information to send you information about their respective products and services which may be of interest to you. If you do not wish to receive this information, please unsubscribe by logging into your profile and change your subscription option, or follow the instructions on the bottom of any newsletter that you have receive or follow the instructions given. The Promoter and/or the Company may (but shall not be obliged to) display the winner’s photographs in/on their publications including websites and they may (but shall not be obliged to) feature the winning entry in the media and in public relations publicity.
(b) accept that all entries will become the property of the Company upon receipt and will not be returned. You will retain all rights you have in the copyright and other intellectual property rights comprising the Competition entry but, by entering the Competition, you grant the Promoter, the Company and their licensees the right, free of charge, to republish your Competition entry;
(c) waive any moral rights or similar rights you may have in your Competition entry whether such rights arise pursuant to the Copyright, Designs and Patent Act 1988 (the “Act”) or equivalent or other relevant legislation anywhere in the world;
(d) warrant to the Promoter and to the Company that the Competition entry is wholly original to you and not wholly or substantially copied from any other material and that the Competition entry does not defame, cause injury to or invade the privacy of or otherwise infringe or violate any statutory, common law, regulatory or intellectual property rights of any third party;
(e) agree to indemnify the Promoter, the Company and any Sponsor against all liabilities, costs, expenses, damages and losses suffered or incurred arising out of or in connection with any breach of these Competition Rules.
14. You may be offered the chance to subscribe for a free newsletter or other service of the Company but failing to do this will not disqualify you from a Competition.
15. If you are a winner, you may have to provide additional information (including, without limitation, proof of age or identity) and/or complete additional documents and return them to the Promoter within a specified period. Failure to provide additional information and/or complete additional documents within the required time period, or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected.
16. If a selected winner cannot be contacted, is ineligible or fails to claim a prize within 28 days of the date of the communication informing the winner of the win or breaches any of these Competition Rules the prize may be forfeited and/or awarded to another contestant.
17. The name(s) of the winner(s) and details of the winning entry or entries will be sent to anyone who requests the same within three (3) months of the closing date of the Competition. Requests should be sent to the postal or email address for competition entries and, if postal, should be accompanied by an SAE. The names of the independent judge(s) shall be available on request.
18. If you are a winner of a Competition you acknowledge and agree that neither the Promoter, Company or any Competition sponsor(s) or any of their officers, employees, agents or subcontractors shall have any liability to you whatsoever in connection with your use and/or possession of your prize, provided that nothing in these Competition Rules shall exclude or limit the liability of any party for personal injury or death caused by negligence or for anything else which cannot be excluded or limited by law.
19. If any of these rules are deemed to be illegal, invalid or otherwise unenforceable, the affected rules shall be deleted from these Competition Rules but the remaining rules shall continue in full force and effect.
20. These Competition Rules and each Competition are governed by English law. Any disputes arising between the Promoter and/or the Company and any third party in relation to these Competition Rules and/or a Competition shall be subject to the exclusive jurisdiction of the courts of England (save that the Promoter and/or the Company shall be entitled to take action against a third party in any other jurisdiction).