1.1 These General Competition Terms and Conditions (“Terms”) shall apply to all Competitions, prize draws and other prize-winning Competitions and/or activities (“Competition(s)”) operated by nDreams Ltd, Trident House, 38-44 Victoria Road, Farnborough, Hampshire, GU14 7PG (“nDreams”), or the promoter named in the Competition Rules, via any website or social network account page owned or controlled (directly or indirectly) by nDreams from time to time.
1.2 In addition, each Competition will have its own specific set of rules governing the operation of that Competition (including, without limitation, the entry and eligibility requirements to a Competition, residential requirements (if any), age restrictions, the duration of the Competition and prizes on offer) (“Competition Rules”). The Competition Rules will be set out separately at the time of the Competition and will be posted on the website (“the Competition Website”) from which that Competition will be operated by nDreams.
1.3 These Terms and any Competition Rules will be binding upon you when entering any Competition. If there is any inconsistency between these Terms and any Competition Rules, then the Competition Rules will take precedence but only to the extent of that inconsistency. Entry and participation in any Competition shall be deemed an unconditional acceptance by you of these Terms and the applicable Competition Rules. All entry instructions and any other specific details and/or information relating to the Competition or the prizes shall be deemed to form part of these Terms.
1.4 You agree to co-operate with and comply with all reasonable requests of nDreams and its agents and employees in connection with your entry and participation in any Competition.
2. Entry to Competitions
2.1 Specific terms relating to the entry to a Competition will be set out in each Competition Rules including, without limitation, any age and/or residency requirements and/or any other restrictions.
2.2 Prize draw Competitions are free to enter and, unless otherwise stated in the Competition Rules, no purchase of any kind is necessary.
2.3 You must enter a Competition in the manner and by the closing date and time specified in the Competition Rules. Failure to do so will disqualify your entry.
2.4 nDreams does not accept responsibility for any entries which are lost, damaged or delayed as a result of any postal failure, network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt. No applications from agents, third parties, organized groups or applications automatically generated by computer will be accepted.
2.5 For Competitions that require you to submit images, videos or other content, the following additional terms apply:
(a) You confirm that your entry is all your own original work and that any materials or information used by you in creating your entry do not and will not infringe the intellectual property, moral or other rights of any third party.
(b) You confirm that you have not entered into any agreements with third parties that could impair nDreams’s rights to use your entry.
(c) You must ensure that any person(s) whose image has been used in your entry has given their consent for the use of their image and has waived any rights they may have in the images, videos or other media submitted. If such persons are under the age of 18, you must obtain parental consent.
(d) If you cannot produce evidence of the consents referred to above, you may be disqualified from the Competition and/or lose any prize.
2.6 Your entry must not contain any:
(a) pornography, nudity, or sexually explicit imagery
(b) abusive, offensive or hateful imagery or language
(c) harassing or defamatory content
(d) content that compromises the privacy or safety of yourself or others
(e) content that demeans a particular gender, sexual orientation, disability, religion, ethnicity or nationality
(f) violent or dangerous behaviour, and/or
(g) spam, advertising or other commercial activities, or any other type of content that is indecent, immoral, discriminatory, offensive, or portrays or encourages illegal activities.
Any entry that contains such material will be disqualified.
2.7 Incomplete or indecipherable entries will be void (in nDreams’s absolute discretion).
2.8 nDreams has the right to refuse qualification of any entry to any Competition, withdraw your entry to and/or participation in any Competition or the prize if it believes you to be in breach of any of your obligations, or representations and warranties of these Terms and/or the Competition Rules or you otherwise conduct yourself in a manner which is inappropriate or unsuitable (in the discretion of nDreams). nDreams further reserves the right to withhold prizes from any such person in such circumstances and to reclaim any prize in the event of a breach or alleged breach of these Terms and/or the Competition Rules.
2.9 nDreams may require proof of age or consent of your parent or guardian and proof of identity, which may include a copy of your passport or other recognised form of identification. If this is requested and not supplied your Competition entry may be rejected and/or any prize awarded to you withdrawn.
2.10 nDreams shall not be responsible or liable for any tax, levies and duties applicable in any country and it is a condition of entry that you shall be responsible for your own tax liabilities in respect of entry and any prize you may win.
2.11 The decision of nDreams’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
2.12 nDreams shall be entitled, in its absolute discretion, and subject to the terms of the Competition Rules to cancel a Competition with immediate effect by stating the same on the relevant website without any liability in respect thereof.
3.1 The decision of the judges is final and no correspondence or discussion will be entered into. nDreams reserves the right to withhold prizes in the event that it receives an insufficient number of entries or entries of insufficient quality. If you win a prize, you will be contacted on the phone number or e-mail address you provided when entering the promotion. nDreams will not amend your contact information once you have submitted your entry. Reasonable efforts will be made to contact you.
3.2 If you win a prize, you will have a fixed time period in which to claim it, as specified by nDreams. Failure to claim your prize by the time or in the manner specified for the particular promotion will make your claim invalid and nDreams reserves the right to offer the prize to the next eligible entrants selected in accordance with the Competition Rules. Where the prize is time critical and a winner needs to be found before the time to take up the prize passes, the Competition Rules may state the date on which the winner will be contacted and nDreams will contact such winner on the phone number (or other method of contact (if appropriate)) they provided. If the winner cannot be contacted or successful contact is not made on the specified date, nDreams reserves the right to offer the prize to the next eligible entrants selected in accordance with the Competition Rules.
3.3 Prizes are not transferable, may not be re-sold and are subject to availability. nDreams reserves the right to substitute any prize with a prize of equal or greater value. Unless otherwise stated in the Competition Rules, no cash alternatives will be offered.
3.4 Prizes are as described in the Competition Rules and, unless specifically stated to the contrary, will not include tax, insurance, transfers, spending money and other expenses (including meals or personal expenses, upgrades etc.) as the case may be, all of which will be the sole responsibility of the prize winner.
3.5 nDreams does not accept any liability for claims or prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
3.6 If nDreams becomes aware of any fraud, deceit or similar action during or in relation to the Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of nDreams, that you had no actual or imputed knowledge of 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 nDreams reserves the absolute right to treat that 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 nDreams forthwith upon discovery by nDreams
4.1 Winners must as a condition of the prize participate in all required publicity.
4.2 You agree to undertake as requested by nDreams all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of nDreams in perpetuity.
4.3 nDreams shall be entitled to refer to you and your association with the Competition and the prize in all publicity, marketing and Competition material in connection therewith.
5.1 You shall retain full ownership in the information and/or materials you provide to NDreams in entering the Competition (the “Materials”). You hereby licence to us, by way of a non-exclusive, worldwide, royalty free, perpetual and irrevocable licence, the right to use (and grant our affiliates and associated companies the right to use) such Materials without restriction in any and all media. This licence shall include the right for nDreams to amend or otherwise adapt such Materials and/or use such Materials for all purposes and/or in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to licence any other persons to do so, in each case for such purposes as nDreams may in its absolute discretion determine without requiring further permission from, and/or payment of any monies to, you.
5.3 You hereby agree to waive any so called moral rights and any right to equitable remuneration for the purposes of any rental or lending rights that may be deemed to be in existence in relation to the Competition entry, so that nDreams may use the entries in any way it deems fit.
6.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to nDreams, its business, personnel, servants, agents or officers to anyone.
7. Your obligations
In entering any Competition you hereby confirm:
7.1 that you have read and agreed to these Terms and the applicable Competition Rules and understand them or have had them explained by a parent or guardian who does so;
7.2 that your Competition entry and/or Materials may be used for any and all purposes related to nDreams;
7.3 that your name and likeness and/or Materials may be advertised and used in connection with your Competition entry and /or the Competition for which you have entered;
7.4 that the Competition entry and/or Materials may be modified and adapted for such purposes as nDreams require;
7.5 that you are entitled to enter into these terms and/or the Competition Rules and you are not under any contractual or other obligations preventing you from doing so and that you are not a minor;
7.6 that you have received all necessary permissions and consent required for you to make the Competition entry and/or Materials and the use of it by nDreams, as described in these terms and conditions;
7.7 that no third party owns any copyright or other rights in your Competition entry and/or Materials and has no right or interest in it;
7.8 to sign all documents necessary for to allow nDreams to make full use of the Materials and/or your Competition further to these Terms and/or any Competition Rules;
7.9 that the Competition entry and/or Materials contains nothing which is unlawful or legally restricted;
7.10 that the use of the Competition entry and/or Materials by nDreams in connection with this competition will not give rise to any liability to nDreams.
8. Limitation of liability
8.1 nDreams 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 or prizes other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by nDreams or death or personal injury arising out of such negligence.
8.2 nDreams 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.
8.3 nDreams 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.
8.4 All conditions, warranties and representations expressed or implied by law or otherwise in relation to the prize and/or the promotion are excluded to the fullest extent permitted by law.
8.5 To the fullest extent permissible by applicable national laws, nDreams shall not be liable for any loss, damage or injury which you suffer as a direct or indirect result of the prize and/or the promotion. However, nDreams makes no attempt to exclude or limit its liability for death or personal injury caused as a result of its negligence.
9.1 You undertake the Competition at your own risk and agree to indemnify nDreams and its employees, subsidiaries, group companies, associates and affiliates against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors 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 under these Terms and/or any Competition Rules.
9.2 There is no fee payable to you in respect of your involvement in the Competition.
9.3 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.
9.4 In the case of on-line Competitions you acknowledge that the internet is not a secure medium and information submitted to Competitions hosted on websites owned or controlled by nDreams may be accessed by third parties. nDreams accepts no liability in such cases.
9.5 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by nDreams) 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 nDreams. 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.
9.6 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.
9.7 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. This competition and promotion is open to nationals set out in the Competition Rules provided that it is subject to English Law and shall be void where prohibited by local law.
9.8 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.
9.9 Although nDreams’s websites are accessible worldwide, not all services discussed or referenced in a specific website owned or operated by nDreams may be available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Competitions, prize draws or other competitions and/or promotions made available through a specific website owned or operated by nDreams. nDreams reserves the right to limit the availability of a Competition and/or a website through which such Competition is operated and/or the provision of any service to any person, geographic area or jurisdiction nDreams so desires, at any time and in nDreams’s sole discretion.
Last updated: 24th July 2013