- THESE TERMS AND CONDITIONS
1. These terms and conditions are our “General Terms” and they apply to every “Competition” that we administer.
2. Each Competition will also have its own specific terms and conditions explaining how to enter, what the opening/closing dates are, what the Competition winner’s prize will be etc. The “Specific Terms” will be published on the webpage that is promoting the particular Competition.
3. You should always read these General Terms together with the Specific Terms. If any Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
4. We may change these General Terms at any time so you should check this page regularly for any changes. Changes will apply from the date that they are published on this page.
5. By entering any Competition you are accepting that you will be legally bound by these General Terms and the applicable Specific Terms.
6. We recommend you print or save a copy of these General Terms for future reference during the Competition.
- THE PROMOTER OF EACH COMPETITION
The promoter of competitions will be the One Spell Away (trading as Zieseniss Ltd), a registered company in England & Wales), unless specified otherwise in the Specific Terms.
- ELIGIBILITY RULES FOR OUR COMPETITIONS
1. Unless we impose a particular age limit for a Competition, they are open to all persons aged 18 and over who are residents in the country set out in the Specific Terms.
2. Certain Competitions may have additional eligibility requirements such as valid passports, visas, driving licences, good physical health etc. All eligibility requirements will be detailed in the applicable Specific Terms.
3. Whether any eligibility requirement has or has not been met is always at our sole discretion and we may require evidence or confirmation from entrants before awarding prizes.
4. Zieseniss Ltd’s employees and their immediate families (and the employees of any third party sponsors, prize providers or their immediate families) may not enter any Competition.
- ENTRY AND ENTRY METHODS
1. Online Giveaway Competitions: Online Giveaway Competitions via our campaigns, are free to enter. You simply need to visit one of our participating websites and enter by following the on-screen instructions. You will be asked to give your name and email address and then click onto the relevant button to enter the competition. Multiple entries are not accepted for giveaway competitions on these giveaway sites. You may be asked to complete a question before entering your email address – this helps us to ensure that entries received are from true competition lovers and not from computer generated programmes otherwise known as ‘robots.’ We reserve the right to offer multiple giveaways simultaneously on our various websites. There is a limit of one (1) entry per person and/or email address per day, per URL on which the Online Giveaway is displayed. Online Giveaway Competitions are open internationally.
2. Deficient entries: In all Competitions, we reserve the right to reject any entries that are incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions, network congestion, loss in service of online entry mechanisms, computer error in transit or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry. We cannot enter into correspondence with entrants who experience difficulties with entering online.
3. Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
4. Names: Entrants must enter Competitions using their legal name only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
5. Multiple Entries. Unless otherwise permitted pursuant to the applicable Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company. If we suspect that an individual has set up a fake email address and/or social media page to circumvent this rule, we reserve the right to disqualify all entries that we reasonably believe were generated by that individual.
6. Prize Limits. Unless specifically mentioned in the Specific Terms, there is no limit on the value of a single prize that may be provided to the individual winners of a Competition. However, no person or persons at the same residential address may win more than one prize via any of our Competitions in any six (6) month period.
7. Retrospective Effect. Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions set out in paragraphs 4.4 to 4.8 above, we may still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.
8. Inappropriate Behaviour. We reserve the right to disqualify an entrant, or to refuse or withdraw a Prize, if an entrant or a winner threatens or abuses one of our employees, or otherwise conducts themselves in a manner that we reasonably regard as inappropriate, offensive or unlawful.
1. We reserve the right (when reasonably required to do so) to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered.
2. All prize winners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition via at least one of the following methods:
a. by telephone; or
b. by email;
3. Prizes will be dispatched to the winners via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our reasonable control. Further details will be set out in the Specific Terms and/or given to winners when they are notified that they’ve won.
4. Prizes will be delivered to an address within the country outlined in the Specific Terms. Should a prize winner’s contact details change, it is their responsibility to notify us or the contact person(s) detailed in the Competition’s Specific Terms.
5. We reserve the right to request proof of a prize winner’s identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity and/or address that is reasonably acceptable to us, we may withdraw the prize and select another prize winner.
6. All prizes are subject to availability, non-transferable and non-exchangeable. Where prizes consist of entry tickets, attendance at events or similar time-specific benefits, they must be taken on the dates specified by us (or any relevant third party provider). Prize winners will forfeit any element of their prize that they do not take at the time stipulated in the Specific Terms. No cash will be awarded in lieu of that prize or any part of it.
7. Any tax or other charges payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
8. We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
9. All stated prize values are at the supplier’s recommended retail price in pounds sterling and are, to the best of our knowledge and belief, correct at the time of printing. We take no responsibility for any fluctuations in prize values.
10. No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue for an event are not included.
11. Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. Subject to paragraph 19.2, Zieseniss Ltd shall have no liability in relation to any prize provided by a third party provider.
- UNCLAIMED PRIZES
1. All prizes must be claimed within seven (7) days of our notification of winning unless otherwise stated in the Specific Terms.
2. We reserve the right to award prizes unclaimed after these periods to alternative prize winners or not to award them at all.
3. If you call to claim a prize from a “withheld number” line you must provide us with your contact details: otherwise we may be unable to contact you and you may as a result forfeit your prize.
- PUBLICITY AND PERSONAL INFORMATION
2. If you are required to submit a third party’s personal information to enter or participate in a Competition, you must ensure that the person whose details you submit has given their consent for you to provide us with their details.
3. It is a condition of entry to all our Competitions that we have the right to publish and/or broadcast the first name, home town, character, likeness and voices of Competition entrants and winners.
4. Entrants, particularly prize winners, may be required to participate in photo, recording, video and/or filming session(s). You agree that we shall have the right to use all the resulting publicity materials in any media and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions. This includes providing these materials to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
5. No fees shall be payable to any entrant in relation to the use of publicity materials.
- PHOTOGRAPHS AND VIDEOS
1. If a Competition requires entrants to submit a photograph and/or video clip to enter or participate in a Competition:
a. entrants warrant that they are the person in the photograph or video and/or they have prior consent from all persons in the photograph or video to submit it as part of their entry;
b. entrants agree that we have the right to publish and communicate to the public the photographs in any media without restriction or limitation throughout the world and not only for the purposes of the Competition;
c. entrants acknowledge that we may edit the photographs or video in our sole discretion;
d. entrants agree that we have the right to use names, likenesses and other personal information submitted in conjunction with the photograph or video;
e. entrants agree not to bring any actions, suits, claims and demands against us in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their photograph or video;
f. entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the photographs; and
- PRIZE DRAWS
1. Where any prize is awarded via a prize draw, prize winners will be selected at random from a qualifying pool of entrants with highest points within twenty eight (28) days of the Competition closing date or as otherwise specified in the Specific Terms.
2. If we become aware that the same person has been selected as a prize winner more than once, we will draw another name.
3. Once the winner has been selected, they will be contacted via email to be informed and to obtain their delivery address details.
1. By entering our Competitions all entrants:
a. assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
b. agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against Zieseniss Ltd, its assigns, licensees and successors in title;
c. undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
d. Confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
2. For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same at our absolute discretion.
- TAMPERING AND OTHER MATTERS
If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
- LEAVE FOR PARTICIPATION
Obtaining time off work and/or study or related activities to participate in a Competition and/or take a prize will be the sole and absolute responsibility of each contestant.
- TERMINATION OF COMPETITION
Zieseniss Ltd may vary the terms of, or terminate, a Competition at any time at its absolute discretion. Termination or variation of a competition is without liability to any contestant or other person. Zieseniss Ltd will not award the prize if the Competition is terminated.
- DECISIONS FINAL
1. All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
2. Tiebreakers, disputes, conflicts, questions or concerns will be managed by us.
3. Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
- NO WAIVER
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
- EXCLUSION OF LIABILITY
1. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
2. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph 19.2 shall also apply in respect of any prize provided by a third party provider.
3. In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales