Full Promotion Rules
1. The promoter of the prize draw promotion described at
www.loveearth.com/yourplanet/enter/capturetoday (the “Promotion”) is BBC Worldwide Limited of 80 Wood Lane, London W12 0TT, United Kingdom (“the Promoter”, “we” or “us”). We will refer to any individual who enters, participates in, wins or is awarded a prize in this Promotion as “you” or “your” in these Promotion Rules.
2. By entering, participating in, becoming eligible for or being awarded a prize in this Promotion, you agree to be bound by these rules and you warrant that all information submitted by you is true, current, complete and your own original work. The Promoter reserves the right in its sole discretion to disqualify any participant and require the forfeit of any prize awarded if we have reasonable grounds to believe any such person has breached any of these Promotion Rules. No responsibility is accepted by the Promoter for ineligible, fraudulent, lost, delayed or incomplete entries.
3. Entries to the Promotion will be accepted between 14 April and 31 May 2008 (“Promotion Period”). To qualify to enter the Promotion you must:
(a) supply your full name and email details using the electronic entry form at
www.loveearth.com/yourplanet/enter/capturetoday (the “Promotion Page”) by no later than 11.59pm on 31 May 2008;
(b) be resident in the United Kingdom; and
(c) be 18 years of age or over.
4. Only entries submitted using the electronic entry form on the Promotion Page will be accepted. Entries by any other means (such as by e-mail or after the closing time and date) will be not be eligible for entry. Subject to clause 6 below, all entries become the property of the Promoter and will not be acknowledged or returned.
5. No purchase is necessary to enter, participate or win any prize in this Promotion.
6. You remain the owner of the copyright in any content submitted as part of your entry to the Promotion (“Content”). In consideration of the Promoter agreeing to consider your entry in the Promotion, you hereby irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such Content so that we and any successor may use the Content in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such Content (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
7. You hereby represent and warrant that:
(a) your Content is your own original work and that you own the entire right, title and interest in and to the Content and/or have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such Content in the manner contemplated in this Promotion and in these Promotion Rules;
(b) your Content does not contain anything that: is an infringement of any third party rights; is defamatory, obscene, indecent, pornographic, sexually explicit or otherwise offensive; incites racial, cultural or religious hatred; impersonates or appears to impersonate any other person; violates any law or regulation or encourages conduct that would amount to a criminal offence or that gives rise to a civil liability; is an infringement of any UK or other applicable law; and/or is otherwise deemed objectionable by the Promoter; and
(c) no identifiable living individual is visible in your Content. If any identifiable living individual is visible in your Content, you further represent and warrant that you have obtained the written consent of anyone who is so identifiable.
8. Any personal data submitted for the purposes of entering the Promotion will be used in accordance with the Promoter’s
Privacy Policy. The Promoter shall be entitled to give your name and address to Lonely Planet Publications Pty Limited (“Lonely Planet”) (provider of the book prizes) to enable the delivery of a prize to any prize winner. Lonely Planet will only use any data received from the Promoter in accordance with its privacy policy available at
www.lonelyplanet.com/privacy.
9. Every Monday from 9 June to 14 July 2008 (the “Publication Period”), twenty (20) entries will be selected from all entries received by the Promoter for publication in the gallery pages in the “Studio” section of the website at loveearth.com. Those entries will be published with the name of the participant who submitted the content as part of his or her entry.
10. The prizes in this Promotion are as follows:
(a) Weekly Prizes: Each week over the six weeks of the Publication Period, each of the twenty entries published on loveearth.com in that week will go into a free prize draw to receive:
(i) one Planet Earth DVD boxed set (approximate retail value £29.99); and
(ii) Lonely Planet books of the winner’s choice to the value of £50. Lonely Planet will contact the winner to organise selection and delivery of the chosen books to the winner’s designated address.
(b) Grand Prize: On or about 14 July, the 120 entries published on loveearth.com will go into the draw to win a Nikon Digital SLR D40 Black camera with AF-S DX 18-55mm lens (valued at approximately £299.99)
11. We will attempt to notify each potential winner by email (“Notification Email”) and will publish winners’ names on the loveearth.com website. In the event that the Notification Email is returned to the Promoter as “undeliverable”, a winner fails to claim a prize or provide proof of their eligibility and identity within the time or in the manner specified in the Notification Email, or a winner is unable for whatever reason to accept the prize (including because of ineligibility or disqualification), then that potential winner will be disqualified, any prize to be awarded shall be forfeited and an alternate winner shall be selected from the remaining eligible entries, who will be selected on the same criteria and subject to these Promotion Rules.
12. Failure of any winner to accept or take advantage of the prize in accordance with these Promotion Rules will not entitle that winner to any alternative prize or benefit.
13. Prizes are non-transferable and awards of goods and/or services have no cash value and cannot be exchanged or substituted by you, although the Promoter reserves the right to substitute prizes of similar value at any time.
14. All prize(s) must be taken, collected and used in the manner and within the time specified in these Promotion Rules, on the Promotion Page, in the Notification Email or as reasonably determined by the Promoter. Prizes cannot be deferred except with the Promoter’s express prior written agreement. If you are a potential winner and you are unwilling or unable, for whatever reason, to accept the prize as required, the Promoter reserves the right to disqualify you and your entry, select another potential winner from the remaining eligible entries and award the prize to another entrant.
15. Prizes are awarded at the Promoter’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any participant that might bring the Promoter and/or the BBC into disrepute. The Promoter is not responsible for ineligible, fraudulent, lost, delayed or incomplete entries and excludes liability to the fullest extent permitted by law for any damage, loss, injury or disappointment suffered by any entrant participating in the Promotion or as a result of accepting any prize, including all direct, indirect and/or consequential loss or damage. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.
16. Any taxes, insurances and other costs and expenses (as applicable) associated with your entering, participating, winning and accepting any award and prize are solely and exclusively your responsibility.
17. Winners may be required to take part in promotional activity and the Promoter reserves the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publicity. Each participant hereby assigns to the Promoter the complete copyright and all other rights in any such publicity photographs and audio and/or visual recordings for the full period of such rights.
18. You may not enter, participate or win the Promotion if you are an employee, director, agent, representative or supplier of or to BBC Worldwide Limited or Lonely Planet or any of each of their divisions, subsidiaries or affiliated companies, or if you are in any way associated with the operation, conduct, judging, awards or prizes of the Promotion, if you are an immediate family member of or live in the same household with any of the foregoing individuals.
19. The Promoter will use its reasonable endeavours to advise of any changes to the Promotion and/or the Promotion Rules but reserves the right to terminate, cancel, discontinue, amend or suspend the Promotion and/or to modify or amend the Promotion Rules at any time and from time to time without being required to notify you or anyone else.
20. All determinations and decisions made by the Promoter in connection with the Promotion shall be subject to and made in the Promoter’s sole discretion and judgment and shall be final and binding on you and all parties associated with the Promotion, for all purposes. No correspondence or discussion shall be entered into.
21. In connection with your entry and/or participation in any Promotion and/or the acceptance, awarding, receipt, use and/or misuse of any prize, you (a) assume all liability for damages caused or claimed to be caused by same, (b) acknowledge and agree that neither we, nor our parent, subsidiaries, affiliates, agents, sponsors and our promotional partners have any liability to you or any other person, firm or entity as a result thereof and (c) assume all responsibility for any illegible, incorrect or inaccurate entry information.
22. The Promoter does not warrant that services relating to the Promotion or the Prizes will be error-free or uninterrupted. The Promoter has no responsibility, howsoever caused, for any lost, late, delayed, mutilated, illegible or misdirected entries, problems or technical malfunction of any network, computer on-line systems, servers, computer equipment, software, failure of email or media on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials relating to the Promotion, the Prizes or the services to which they relate.
23. If you enter, participate, are selected a potential winner, declared a winner or are awarded any prize with respect to the Promotion, you agree to defend, indemnify and hold us and our parent, subsidiaries and affiliates, harmless from and against any and all claims, suits, losses, damages and expenses (including reasonable legal fees) that arise from your non-compliance with, violation or breach of any laws or regulations or these Promotion Rules.