Fine & Country Ltd Competition Standard Terms and Conditions
These terms and conditions together with any specific rules set out in connection with a specific competition are the Competition Rules (“Rules”) and apply to any competition operated by Fine & Country Limited, taking place across Fine & Country’s Digital Products and Services (which include fineandcountry.com, our Facebook page, Twitter page, other social media platforms and other websites and webpages operated by us) (each a “Competition”), unless expressly stated otherwise. By entering a Competition entrants agree to be bound by the Rules.
The promoter of the Competitions is Fine & Country Ltd, 121 Park Lane, London, W1K 7AG (“Fine & Country”).
Rules specific to each Competition are displayed in a notice on the page for such Competition (“Competition Notice”) and are incorporated into the Rules. In the event of differences between these terms and conditions and the Competition Notice, the Completion Notice shall prevail without detriment to the remaining unaffected terms of these standard terms and conditions.
Fine & Country reserves the right to cancel or amend Competitions or the Rules at its sole discretion and without notice for any cause or event outside Fine & Country’s reasonable control. Any changes will be made via an amendment and update to these terms and conditions or to the Competition Notice.
In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Fine & Country shall be final and no correspondence or discussion shall be entered into.
Qualifying Entrants
Employees (or members of their families, or households of employees) of Fine & Country or GPEA Limited (“Parent Company”) or any company involved in a Competition, including any advertising agency, third party contractor or website development company connected with the Competition or any subsidiary or associated companies of the same, are not eligible to enter a Competition. Fine & Country reserve the right not to award a price and/or to select an alternative winner if Fine & Country is aware or has reasonable grounds to suspect a winner is not eligible for these reasons.
Additionally eligibility requirements may apply to a specific competition, e.g. being of a particular age, having a valid and up to date passport or visa (or the ability to obtain the same within a certain time) if the Competition prize includes travel outside the United Kingdom. These eligibility requirements will be set out in the Competition Notice.
By entering a Competition, you hereby warrant and represent all information submitted by you is true, current, accurate and complete. Fine & Country reserves the right to verify the eligibility of all entrants and disqualify an entrant for submitting false, inaccurate and/or incomplete information, which may also be seen as contrary to the terms, spirit or intention of the Competition.
The address and email address you provide with your Competition entry will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Competition Notice, Competitions are only open to residents of the United Kingdom and you are not eligible if you are resident outside of the United Kingdom. Where a Competition is open to entrants from outside the United Kingdom, you will still not be eligible if you are resident in a country or jurisdiction where the Competition may breach any local law or regulation.
Where a Competition is open to all age groups, you must still obtain appropriate parental/guardian permission if you are under 18. Where a Competition is only open to a certain age group (e.g. 18 and over), this will be made clear in the Competition Notice. If no age limit is specified, the Competition is open to over 18s only. Fine & Country reserves the right to request written proof of age and/or identity of any entrant including the winner. Where no such written proof is supplied, or the entrant is not the requisite age, Fine & Country may disqualify the entrant.
Fine & Country reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant is not eligible or has otherwise breached any of the Rules.
In the event any Competition winner is subsequently disqualified from a Competition for any reason, Fine & Country, in its sole discretion, may decide whether a replacement winner should be selected in accordance with the Competition criteria.
Competition Entries
Unless stated otherwise in the Competition Notice, and subject to the remainder of this clause, you may only enter a Competition once and multiple entries from the same email address may only be counted as one entry with the first entry being submitted being the entry counted. Where Fine & Country discovers or has reasonable grounds to suspect that any entrant has entered on multiple occasions and/or used any software or automated process either to answer questions, enter the Competition or to make bulk entries, Fine & Country may exclude such entries and disqualify the entrant from the Competition.
Competition entries must be made in the manner and by the closing date and times specified on the Competition Notice. Failure to do so will disqualify the entry.
Unless specified in the Competition Notice, there is no charge required to enter a Competition and no purchase is necessary. However standard mobile data and internet connection charges may apply.
Proof of posting or emailing cannot be accepted as proof of delivery. Fine & Country cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, power surge, power cut, loss of utilities, theft, destruction, alteration of or unauthorised access to entries, or entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside Fine & Country’s control.
All entries that have a creative element must be original and submitted by the original creator of the entry. By entering, each entrant warrants and represents:
it is the legal and beneficial owner of all intellectual property rights in its entry and any materials it provides to the Company;
its entry and any materials submitted are its own original work; and
that any materials submitted do not infringe any third party intellectual property rights.
Entrants should note that unless stated otherwise, Fine & Country does not accept responsibility for the safekeeping or return of any entries, including those consisting of artistic, creative or other material. You should, therefore, ensure you retain a copy of your entry for your records.
Prizes
Where the winner is to be selected from the qualifying entrants at random, he or she will be selected either by a computer process that produces verifiably random results or by an independent person, or under the supervision of an independent person. If the selection of a winning entry is open to subjective interpretation, an independent judge, or a panel that includes one independent member will be appointed. In either case, the judge or panel member will be demonstrably independent from Fine & Country, any competition intermediaries or from the pool of entrants from which the eventual winner is picked. Those appointed to act as judges or panel members will be competent to judge the competition and their full names will be made available on request. In all matters, the decision of the judge(s) or panel shall be final and binding and no correspondence or discussion shall be entered into.
Prize winners will be notified in the manner and within the time specified on the Competition Notice (and may be contacted by Fine & Country or Fine & Country’s nominated supplier(s)). Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded.
Unless stated otherwise in the Competition Notice, claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
Prizes are non-transferable and there is no cash alternative. You are not entitled to sell or transfer any prize prior to receiving this. Fine & Country reserves the right to substitute prizes of equal or greater value at any time in its sole discretion.
Prizes are awarded entirely at Fine & Country’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where entries are being judged on creative or artistic merit or other subjective criteria, Fine & Country and/or the Competition judges (acting reasonably) reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if entries are not of the requisite standard.
All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses, upgrades etc.) as the case may be, unless specifically stated in the Competition Notice, are the sole responsibility of the prize winner.
Intellectual Property Rights & Use of Entries
Fine & Country does not, unless we agree this with you, claim any rights of ownership in your entry (although Fine & Country will be able to use the entry as an fully authorised licensee). As such, you retain ownership of your entry and, although Fine & Country will be able to use entries as set out in the Rules, you will also have the right to use your entry in any way you choose. Where any entry is to be used in a different way (e.g. we are asking to own this) this will be made clear in the Competition Notice and you will then be able to choose whether to enter the Competition. If you win a prize, as a condition to receipt of that prize, you may be required to sign a document (in Fine & Country’s standard form) confirming your compliance with the Rules and that Fine & Country owns the intellectual property rights in the entry.
In consideration of Fine & Country agreeing to consider your entry, each entrant agrees that Fine & Country (and third parties authorised by Fine & Country) may use the entry across its Digital Products and Services and on any other media (including but not limited to third party websites, mobile, social media platforms, television and/or radio). For this purpose, you hereby grant Fine & Country (and third parties authorised by Fine & Country) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, use as part of any advertising or sponsorship campaign, sell and sub-licence the entry.
Fine & Country does not guarantee to use and/or consider any entry. Fine & Country may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to entries it considers may be distasteful, inappropriate, legally or otherwise problematic.
Your entry and any information submitted by you must be personal to and relate specifically to you. You warrant and represent that your entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. In addition, you warrant and represent that you have permission to use or feature any people, content or other material contained within your entry. Fine & Country reserves the right to screen, filter and/or monitor entries for this purpose.
Liability
Fine & Country cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering a Competition or as a result of accepting any prize. Fine & Country is not responsible for any technical issues in relation to any telecommunications or internet network (including in relation to speed or bandwidth), including any injury or damage to entrant's or any other person's device related to or resulting from participation or downloading any materials in a Competition. Nothing shall exclude Fine & Country's liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
Winners may be requested to take part in post event promotional activity and Fine & Country reserves the right to use the names and contact details of winners, their photographs, audio and/or visual recordings of them in any publicity. Should Fine & Country request this information from the winner, they will ensure they have the relevant licence in place, to use the promotional material.
Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and best practice. Please see Fine & Country’s Privacy Policy for further details. Data relating to entrants will be retained by Fine & Country for a reasonable period after the Competition closes to assist Fine & Country to operate competitions in a consistent manner and to deal with any queries and/or promotional activities.
Personal data supplied during the course of a Competition may be:
held and used only by the Company or its agents and suppliers to administer the competition; and
passed on to third party suppliers only insofar as required for fulfillment, delivery, arrangement of the prize.
By entering a Competition and submitting personal data, consent is given to any storing or processing for these purposes.
If a prize involves travelling outside of the EEA, data relating to the winner and their guest may be transferred outside the EEA solely for the purpose of fulfilling the prize. By entering a Competition and submitting personal data, consent is given to this transfer for these purposes.
The Company will take all steps necessary to ensure the entrants personal data is treated securely and in accordance with the Privacy Policy.
Jurisdiction
All Competitions and Rules are and will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. The Digital Products and Services are only intended to be accessed by residents in the United Kingdom. Fine & Country makes no representation that materials available across our Digital Products and Services comply with local laws in other jurisdictions.
How to contact us
You can contact us in relation to any Competition by writing to Fine & Country Media Centre, Fine & Country, 121 Park Lane, London, W1K 7AG or sending an email to mediacentre@fineandcountry.com.
16 February 2017
