Win a Christmas Gadget Bundle!

TERMS AND CONDITIONS

Win a Christmas Gadget Bundle!

INTRODUCTION

1.1. These Terms and Conditions (“Terms”) shall be binding on you (and your guests where applicable) (together “you”) when entering this competition (“Competition”) which is operated by CSC Media Group Ltd (“the Promoter”) PO Box 7824, London, W1A 9AR.
1.2. Entry and participation in the Competition shall be deemed an unconditional acceptance by you of these Terms. All entry instructions and any other specific details relating to the Competition or the prizes form part of these Terms.
1.3. You must pass a copy of these Terms to your guest(s) (if applicable) and ensure that they comply with them.
1.4. You have made certain representations and warranties to the Promoter (both in these Terms and otherwise) in applying for a place in the Competition. The Promoter has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should the Promoter or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might have (in the Promoter’s opinion, which shall be final) an adverse effect on the Competition, the Promoter reserves the right to forfeit your place in the Competition (without giving any reason and without notice).
1.5. You agree to co-operate with and comply with all reasonable requests of the Promoter and its agents and employees in connection with the Competition.

2. ELIGIBILITY TO ENTER COMPETITIONS

2.1. The competition is open to residents of the United Kingdom aged 18+ only. Entries made from outside the United Kingdom will not be entered into the competition.
2.2. Employees of the Promoter, their families, press, agencies or any persons directly or indirectly connected with the Competition are not eligible to enter the Competition.
2.3. Either the winner or their guest must be over the age of 18. Anyone travelling under the age of 16 must obtain the written permission of their parent or guardian.

3. HEALTH AND SAFETY

3.1. By entering the Competition, you confirm and warrant that, to the best of your knowledge, your general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition.
3.2. You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you which the Promoter considers to pose any medical, security or safety risk will lead to your immediate disqualification (including without limitation any abusive behaviour, physical or psychological).
3.3. You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk. You must notify the Promoter of any medical or other condition which may mean that you are unfit for travel or participate in the prize as soon as you become aware of such a condition. The Promoter reserves the right to forfeit your place in the prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
3.4. You will comply with all directions of the Promoter in respect of health and safety (failure to do so may lead to immediate disqualification, at the Promoter’s direction).

4. THE COMPETITION

4.1. The Promoter reserves the right to immediately withdraw your place in the Competition or the prize specified below if it believes you to be in breach of any of your obligations, or representations and warranties, under these Terms or otherwise conduct yourself in a manner which is inappropriate or unsuitable (at the discretion of the Promoter). You shall be responsible for any additional costs in this respect (including the costs of your early return back home, if necessary). You will not by any act or omission do anything, which might bring the Promoter into disrepute.
4.2. You represent and warrant that you do not have any criminal convictions or criminal record and have not undertaken any past act or conduct which could affect the reputation of the Competition or the Promoter.
4.3. You will comply with the instructions and directions of the Promoter (failure to do so may lead to immediate disqualification, at the Promoter’s direction).
4.4. Incomplete or indecipherable entries will be void (at the Promoter’s absolute discretion).
4.5. The Promoter does not accept responsibility for entries which may be lost, or which are not received by the Promoter. Proof of sending an SMS text will not be accepted as proof of receipt (nor will proof that a text or voicemail message has been sent rather than received).
4.6. Late entries will not be accepted.
4.7. The decision of the Promoter’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
4.8. The winner will be contacted as soon as practicable on or after the draw date. Reasonable efforts will be made to contact a winner on the phone number provided when entering the competition. Where the prize is time critical and a winner needs to be found before the time to take up the prize passes the Promoter or its agents will contact such winner on the phone number they provided, calling six times in a twelve hour daytime period or as otherwise indicated in Section 5 of these terms. If the winner cannot be contacted or successful contact is not made within the fixed time period as specified or if they fail to provide an address for delivery of the prize or fail to meet any of the eligibility requirements, including but not limited to having a valid passport at the time of contact, or are otherwise unable to comply with the terms and conditions, this may result in forfeiture of the entire prize and the Promoter reserves the right to disqualify that entrant (without further liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.
4.9. The Promoter shall be entitled, in its absolute discretion, to cancel the Competition with immediate effect by stating the same in the relevant publication without any liability in respect thereof.
4.10. The Competition aired is syndicated and is airing on the following television channels: True Christmas, True Entertainment and Movie Mix.

5. HOW TO ENTER

5.1. To enter the Competition, either dial the premium rate number 0907 004 0048 from the UK or send an SMS text as requested to the shortcode 87151 from the UK. Telephone calls to the above number cost £1.50 per minute from a BT landline and calls from other networks or mobiles may cost considerably more. Calls should last approximately 2 minutes. The cost of entering once by SMS text message from the UK will be £3.00 plus 1 standard rate message. Entrants who enter the competition twice via SMS will be automatically entered into the competition a third time for free i.e. the answer you give on your second entry will be entered twice into the competition. A free entry will automatically be given for every two times you enter the competition. If the telephone you are using is paid for by another person please make sure you obtain that person’s express consent before entering the Competition.
5.2. The Competition closes on the 18th December 2016 at 23:59 (UK).
5.3. The Promoter will notify the winner at the latest by the 20th December 2016.
5.4. Details of the Competition winner will be available by writing to the Promoter at the address referred to in the introduction to these Terms.
5.5. If the Promoter becomes aware of any fraud, deceit or similar action during or in relation to the Competition which relates in any way to a claim for a prize, then that claim will not be met unless it is proven to the satisfaction of the Promoter, that you had no actual or imputed knowledge of the such fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address or other incorrect information in relation to the entry, then the Promoter reserves the absolute right to treat your entry as invalid (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, you undertake to return the same (or provide compensation) to the Promoter forthwith upon discovery by the Promoter.

6. PRIZE

The prize package comprises:

• 1 x Sim Free iPhone 7 32GB Mobile Phone
• 1 x iPad Mini 4 Wi-Fi 32GB
• 1 x Sony KD43X8307C 43 Inch 4K Ultra HD Freeview HD Smart TV
• 1 x Sony BDVE2100 800W 5.1CH 3D Blu-ray and DVD Home Cinema
• 5 x Christmas DVDs
• 1 x Kindle Voyage WiFi eReader
• 1 x Parrot Bebop Drone
• 1 x Christmas Hamper
• 1 x Roberts Revival Mini DAB Radio – Duck Egg
• 1 x Bose SoundLink Mini Bluetooh Speaker Series II Carbon
• 1 x Apple MacBook Air 11.6 inch Core i5 4GB 256GB
• 2 x Board games (Monopoly & Trivial Pursuit)
• 1 x Nespresso Pixie & Aeroccino 3 Coffee Machine
• 1x PS4 Slim 500GB Console – Black
• 1 x Bose SoundTrue Around Ear Headphones

6.1. The prize includes delivery to the winner’s home address. Every attempt will be made to deliver the goods before December 25th 2015, but due to unforeseen circumstances and weather delays delivery cannot be guaranteed before this date. Items may be delivered in more than one delivery and a signature will be required upon each delivery. The winner is responsible for ensuring that there is adequate access and space to complete the delivery. The prize excludes any associated costs and expenses which may be incurred in taking up the prize including but not limited to any supplementary products and services, installation or removal of existing products and transportation (other than delivery of the prize to the winner’s home address). The prize is subject to the terms and conditions of the manufacturer and/or supplier as relevant. If an exact model is not available at the time of fulfilment a model of equal or higher specification will be supplied at the Promoter’s sole discretion.
6.2. The Promoter does not accept any liability for claims for prizes or prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
6.3. In the event of unforeseen circumstances or circumstances outside the Promoter’s reasonable control the Promoter reserves the right to offer an alternative prize of equal value. No cash will be offered.
6.4. You are not entitled nor authorised in any way to commit the Promoter to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of the Promoter in writing.

7. CONFIDENTIALITY

7.1. You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to the Promoter, its business, personnel, servants, agents or officers to anyone.
7.2. You may not publicise your involvement in the Competition or the fact that you have won a prize without the prior written permission of the Promoter.

8. PUBLICITY

8.1. Winners must as a condition of the Prize participate in all required publicity.
8.2. Without limitation to any other rights the Promoter may have in connection with your entry in to the Competition, the Promoter shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.

9. COMPETITION ENTRIES VIA TEXT MESSAGE

9.1. Please note, in the UK, only callers with mobile phones using Vodafone, O2, Orange (EE), Three, Virgin or T-Mobile (EE) networks shall be able to participate in the Competition via a Short Message Service (“SMS”) known commonly as a “text message”. Users connected to other networks should check with their service provider for details of compatibility.
9.2. Text messaging charges incurred as a result of entrance to the Competition will be paid via your mobile phone service provider and shall be detailed, where possible, on your mobile phone bill. Please note the maximum charges specified in Clause 5 above.

10. EXCLUSION OF LIABILITY

10.1. The Promoter is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Competition other than those costs and expenses specifically provided for in the Prize (if any). This exclusion does not include any liability, death or personal injury arising out of negligence by the Promoter.
10.2. The Promoter accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
10.3. The Promoter shall not be liable to perform any of its obligations under the Competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate you in such circumstances.

11. GENERAL

11.1. You undertake to enter the Competition at your own risk and agree to indemnify the Promoter and its employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisor’s fees) and any claim arising from your own actions in any way in connection with the Competition, the Prize or a breach of your obligations hereunder.
11.2. Other than as referred to herein there is no fee payable to you in respect of your involvement in the Competition.
11.3. You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk.
11.4. The Promoter reserves the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
11.5. These Terms shall be governed and construed in accordance with English Law.
11.6. These Terms represent the entire agreement between the parties relating to the Competition and/or the Prize (unless otherwise expressly confirmed in writing by the Promoter) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by the Promoter. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
11.7. The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies. These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
11.8. These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
11.9. Please refer to the Promoter’s Privacy Policy in relation to its obligations under the Data Protection Act 1998.

For any telephony or SMS queries or problems please call our helpline on: 0116 387 0015 from the UK.

For any questions or comments regarding the prize and winners, please contact customer services in the UK on +44 (0)20 8871 9959 (Monday to Friday, 9:00 - 5:30) or email: winners@element-london.com