Competition Terms and Conditions
Here’s all the general rules and information you need to know about our competitions.
1. Definitions and introduction
1.1 In this Agreement the following words and phrases shall have the following meanings (and, where applicable, the singular shall include the plural):
- “Competition” Any promotion , prize draw or competition operated by National Marine Aquarium (whether on its own behalf or on behalf of its sponsors) or any company, website owned or controlled, directly or indirectly, by National Marine Aquarium from time to time
- “Entrant” Any person who enters a Competition
- “NMA” National Marine Aquarium. Any references to “us”, “we” and “our” shall be references to the National Marine Aquarium.
- “Participant” Any person who is selected by National Marine Aquarium to participate in a Competition
- “Prize” Any prize(s) offered or awarded in a Competition
- “Terms” These competition terms and conditions together with any specific rules, entry instructions and any other specific details relating to the particular Competition or Prize published on this website or any other website or in any media which features the Competition (e.g. print advertising)
- “you” Any reference to “you” is to you as an Entrant or Participant in or winner of (as the case may be) a Competition
1.2 These Terms shall be binding on you when you enter, participate in or win any Competition or accept any Prize. Entry or participation in any Competition, or winning or accepting any Prize, shall be deemed an unconditional acceptance by you of these Terms.
1.3 In the event that there is any conflict between these Terms and Conditions and any specific terms and conditions relating to a particular Competition then the specific terms and conditions will prevail.
1.4 You agree to co-operate with and comply with all reasonable requests of NMA and its agents and employees (and in particular the health and safety team) in connection with any Competition.
1.5 NMA reserves the right, in its reasonable discretion, to add to, amend, vary or waive any Terms on reasonable notice.
2. Eligibility to enter a Competition
2.1 In order to make a valid entry into a Competition you must:
2.1.1 be a resident of the United Kingdom;
2.1.2 use your legal name; and, unless otherwise stated
2.1.3 enter as an individual only, not as part of a syndicate, group or agency;
2.1.4 be 18 or over on the closing date of any Competition that is only open to Entrants that are 18 or over; and
2.1.5 make only one entry per person.
2.2 Unless otherwise stated, you may not enter a Competition if:
2.2.1 you are an employee, freelancer or contractor of NMA or any family member of an employee, freelancer or contractor of NMA;
2.2.2 you are a member of the press, an agency or any person directly or indirectly connected with the Competition;
2.2.3 you are a member of a syndicate or group entering as a member of such syndicate or group;
Any entries made in contravention of this clause 2.2 will not be valid.
2.3 Candidates in any General, Mayoral or any other national or local Election will be ineligible, during the period of such Election, to enter any Competition until after the conclusion of such Election.
2.4 Proof of eligibility to enter a Competition must be provided to NMA on request. NMA reserves the right to verify the eligibility of all Entrants.
2.5 Breach of any of the regulations contained in this Clause 2 may result in your disqualification from a Competition or withdrawal of any Prize.
3.1 Competition winners will be notified within 28 days of the end date of the relevant Competition and Prizes must be claimed within 28 days of such notification. Any claim to a Prize made outside the time or manner specified for the relevant Competition will be invalid.
3.2 In order to enable NMA to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, NMA reserves the right to:
3.2.1 request evidence of Competition entry;
3.2.2 request proof of identity, age and address in the form of your passport or driving licence, and further proof of your address in the form of a utility bill;
Any failure to comply with the requirements of this clause 4.2 may result in your disqualification from the Competition or the withdrawal of any Prize.
3.3 All Prizes are non-transferable and may not be given, assigned or sold to another person.
3.4 Prizes cannot be exchanged for cash or other alternatives except by NMA in accordance with clause 8.1 and 10.
3.5 A Prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the Prize or where the supply of the Prize to that person would be unlawful.
3.6 Unless otherwise specified, an Entrant may not win more than one Prize per Competition and NMA reserves the right to withhold or reclaim any second or subsequent Prize.
4. Ticket give-aways
5.1 In the case of prizes in the form of tickets, you will be bound by and comply with the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue.
5. Confidentiality and Publicity
5.1 You undertake not at any time to disclose, reveal, communicate or otherwise communicate to anyone any information which you know or reasonably ought to know is confidential and relates to NMA, its business, personnel, servants, agents or officers.
5.2 Subject to the following provisions of this Clause 6, you may not without the prior written consent of NMA:
5.2.1 publish or disclose any information in connection with the Competition or the Prize (in particular, without limitation, to a representative of the media, in whatever form);
5.2.2 publicise your involvement in the Competition or the fact that you have won a Prize;
5.2.3 give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party.
5.3 You undertake, as a condition of any Prize, that you shall:
5.3.1 participate in all publicity required by NMA and/or third parties connected with the Competition;
5.3.2 participate in all interviews and other activities reasonably requested by NMA and that NMA shall be entitled to reproduce, publish, exhibit, transmit and broadcast the same by all means and media throughout the world at the discretion of NMA in perpetuity.
5.4 You acknowledge and agree that NMA may:
5.3.1 publish winners’ names on any and all media and make these available on request to third parties;
5.3.2 refer to your association with the Competition and/or the Prize in all publicity, marketing and Competition material in connection therewith.
5.5 All rights in relation to the Competition and your involvement therein shall vest exclusively with NMA.
5.6 Winners’ names are available on request by sending an SAE to the address published on this website and/or stated on air up to 1 month after the closing date for the relevant Competition.
6. Disqualification of Entries
6.1 You acknowledge that the interests and good reputation of NMA are paramount and NMA may, at its reasonable discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes (in its absolute discretion) it is in the best interests of NMA to do so.
6.2 NMA reserves the right to immediately withdraw your entry to or participation in the Competition, withdraw the Prize or disqualify you (without liability or compensation) if (in its opinion, which shall be final):
6.2.1 you are in breach of any of your obligations, representations and/or warranties under the Terms;
6.2.2 you conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of NMA).
6.2.3 you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition;
6.2.4 your conduct is contrary to the spirit of these Terms or the intention of the Competition.
6.3 You have made certain representations and warranties to NMA (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. NMA has relied on the accuracy and truth of such representations and warranties in granting a place to you. In the event that NMA or its agents become aware of any fraud, dishonesty, deceit, misconduct or similar action undertaken during or in connection with the Competition or otherwise, or any act or omission which might (in NMA’s opinion, which shall be final) have an adverse effect on the Competition or NMA, NMA reserves the right in its absolute discretion (without notice to you and without giving reasons) to (i) forfeit your place on the Competition; or (ii) withdraw any Prize(s).
6.4 If any fraud, deceit, misconduct or other action is only discovered after the Prize has been released, you undertake to return the same (or provide compensation) to NMA forthwith upon notification by NMA.
6.5 For the avoidance of doubt (and without limitation), if you provide an incorrect or false name, age, address or other incorrect information in relation to the entry, then NMA reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made a claim).
6.6 Multiple entries, including via any form of automated voting, machine assisted intervention or as part of a syndicate, will be void and the entrant(s) disqualified. NMA reserves the right to discount multiple entries from the same IP address or telephone number, unless the specific terms and conditions for the Competition state that multiple entries are permitted.
6.7 Failure to comply with the instructions and directions of NMA or NMA’s representatives may lead to immediate disqualification from the Competition or withdrawal of the Prize, at NMA’s discretion.
6.8 Late entries (i.e. entries received after the relevant advertised closing date or time for the Competition) will not be accepted.
6.9 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
6.10 In the event of your disqualification from the Competition, NMA reserves the right to select another entrant to take part in the Competition.
7. Cancellation of the Competition
7.1 NMA shall be entitled, in its reasonable discretion, to cancel, delay and/or recommence a Competition with immediate effect online announcement without any liability in respect thereof. In the event that a Competition is cancelled after a valid claim has been made, NMA will use reasonable endeavours to offer an alternative Prize. If such alternative Prize is offered but not accepted by you, you shall have no claim against NMA in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
7.2 A Competition may be declared as void by NMA if:
7.2.1 any promotional device contains a printing error or involves a production or distribution error of any kind;
7.2.1 any promotional device is found to be mutilated, illegible, altered, reconstructed, forged or tampered with in any way;
7.2.3 a printing or production error in connection with the Competition appears on this website;
7.2.4 there are any errors relating to the description of the Competition online;
7.2.5 there have been any errors in the preparation for or the conduct of the Competition materially affecting the result of the Competition or the number of claims or the value of the claims.
8. Exclusion of liability/indemnity
8.1 NMA excludes all liability whatever for any costs, expenses, damages, liability, injury or disappointment suffered by you 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) provided that nothing in these Terms excludes any liability for:
8.1.1 death or personal injury arising out of NMA’s negligence or the negligence of its employees;
8.1.2 fraud or fraudulent misrepresentation by NMA or its employees; or
8.1.3 any other liability that cannot be excluded or limited by law.
8.2 NMA excludes all liability whatever 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 Subject to the provisions of Clause 9.1, NMA shall have no liability whatsoever:
8.3.1 in respect of Competitions operated by third parties and featured on air or on our websites. The relevant third party will be responsible for the fulfilment of the Competition. NMA accepts no responsibility for the acts or omissions of such third parties;
8.3.2 in the event of postal, telephone, text message or online entries delayed or not received by NMA as a result of network incompatibility, technical faults or for any other reason;
8.3.3 for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you;
8.3.4 for any mistakes in the source material utilised by NMA’s question compilers;
8.4 The decision of NMA’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
8.5 You agree to indemnify NMA and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by NMA arising as a result of a breach by you of your obligations under the Terms or in any way in connection your failure to follow NMA’s reasonable instructions with regard to your entry into the Competition or taking of any Prize.
8.6 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 NMA may be accessed by third parties. NMA accepts no liability for loss resulting from your entry to an online Competition.
9. Force Majeure
9.1 NMA 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 unforeseen circumstances or circumstances beyond its reasonable control and whilst NMA may (but shall not be obliged to) endeavour to provide an alternative Prize of equal value, it shall not be liable to compensate you in such circumstances and no cash will be offered.
10.1 You agree you will not by any act or omission do anything, which might bring into disrepute or affect the reputation of the Competition or NMA.
10.2 These Terms shall be governed and construed in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the Courts of England.
10.3 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by NMA) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). No variation of these Terms is effective unless approved by an authorised representative of NMA in writing.
10.4 Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded.
10.5 The invalidity, illegality, or unenforceability of the whole or any part of these Terms or any specific terms for a Competition published on this website or in any media featuring the Competition does not affect or impair the continuation in force of the remainder of the Terms.
10.6 The failure to exercise or delay in exercising a right or remedy provided here under or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
10.7 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. Additional Specifics Social Media
11.1 The competition will run from Friday 09/03/18 on the terms specified on the platform and close at 12.00pm 12/03/18.
11.2 The competition mechanic requires entrants to ‘Like’ the National Marine Aquarium’s Facebook page found at www.facebook.com/NationalMarineAquarium , like the post that is posted on the Aquarium’s Facebook Wall and share the post. The winners will be drawn at Random from all the valid entries using random.org and will qualify by sharing, liking both our page and the post..
11.3 The prize is; for a family of four (two adults, two children aged between 3 – 12 years old) to have a NMA Boat Trip happening on 21st March in Plymouth. This boat trip will be an hour long with transit time (2 hours max total trip) and will be a pilot for the NMA’s new venture ‘NMA Boat trips’.
11.3.1 As this is our first pilot the event will be filmed and photographed for NMA use.
11.4 The prize will be sent to the competition winner via post, and no cash alternative is available.
11.5 1 entry per person. Alternative dates are not available.
11.6 Entrants must set Facebook Privacy Settings to visible for the National Marine Aquarium to view they have shared the post and liked the Facebook page correctly. This will also allow the National Marine Aquarium to contact the winner directly.