MUSTARD TV Limited
COMPETITION TERMS AND CONDITIONS
1. These terms and conditions together with any specific rules set out in Competition Notices (as defined in paragraph 3 below) are the Competition Term (“Terms“), together to be defined as the “Competition“, unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Terms.
2. The Competition(s) is/are organised and operated by MUSTARD TV Limited incorporated and registered in England and Wales with company number 07982360 whose registered office is at Prospect House, Rouen road, Norwich, NR1 1RE , its sponsor(s) or any company, or website owned or controlled (directly or indirectly) (“us“, “we”, ”our” “MUSTARD TV”).
3. Terms specific to each Competition are displayed in a notice included on the MUSTARD TV website web page posting for such Competition (the “Competition Notice“) and are incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
4. MUSTARD TV Ltd reserves the right to cancel or amend the Competition, the Competition Notice or these Terms at any time without prior notice. Any changes will be posted either within a Competition Notice or these Terms. A copy of the Terms may also be obtained by sending a stamped self-addressed envelope addressed “Competition Terms” to Mustard TV at Prospect House, Rouen road, Norwich NR1 1RE.
5. In the event of any dispute regarding conduct, results and all other matters relating to a Competition, our decision will be final and no correspondence or discussion shall be entered into.
6. Unless stated otherwise in the Competition Notice, Competitions are only open to residents of the United Kingdom and you are not entitled to enter the Competition if you are resident outside of the United Kingdom.
7. Employees (or members of the families or households of employees) of MUSTARD TV or any company involved in the Competition or, if relevant, any production of a television programme to which a Competition relates, or any advertising or web agency connected with us, or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Competition. We reserve the right to verify the eligibility of all entrants and to refuse to award a prize if we are aware or have reasonable grounds to believe that the winner is not eligible.
8. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence. Provision of such documents will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.
9. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
10. We assume that by using our website and entering the Competition (and you warrant that) either you have legal capacity to enter the Competition and agree to the Terms (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parent/legal guardian has consented to your entry of the Competition and use of these Terms.
11. We reserve the right to disqualify any entrant if we have reasonable grounds to believe the entrant has breached any of these terms and conditions.
12. In the event that any entrant is disqualified from the Competition, in our sole discretion we may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Terms.
13. By signing the Agreement, you confirm and warrant that, to the best of your knowledge, you have no medical condition that could be adversely affected by any of the events or activities planned or reasonably expected to be involved in the Competition. You must notify MUSTARD TV of any medical or other condition which may mean that you are unfit for travel or participation in the Competition as soon as you become aware of such a condition.
14. You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you (including without limitation any abusive behaviour, physical or psychological) which MUSTARD TV considers to pose any medical, security or safety risk may lead to your immediate disqualification.
15. 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. MUSTARD TV reserve the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its reasonable opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
16. You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of MUSTARD TV and any health and safety team, who will have full authority to restrict your levels of consumption.
17. Only one entry per person per Competition is allowed. Incomplete or indecipherable entries will be void (in MUSTARD TV’s absolute discretion).
18. The address you provide with your competition entry (“Entry“) will be used to send any prizes so please make sure this is correct.
19. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry. Unless stated otherwise in the Competition Notice, you may enter the Competition as many times as you like however where a winner has been selected and MUSTARD TV discovers or has reasonable grounds to believe the winner has used any software or automated process either to answer questions or to make bulk entries, MUSTARD TV may select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.
20. There is no purchase requirement to enter a Competition.
21. Source material used by MUSTARD TV’s question compilers shall be taken as correct.
22. Where participation in a Competition involves utilising a premium rate telephone line we will adhere to the ICSTIS rules. Calls will normally cost a premium charge plus the standard rate for you mobile network provider. You should check with your network for more details. For the avoidance of doubt, the cost of calls from different mobile phone service providers may vary.
23. Proof of posting cannot be accepted as proof of delivery. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside our control.
24. Entrants should note that unless stated otherwise by us, we do not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material, and may dispose of entries at our discretion.
25. Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tiebreakers, disputes, conflicts, questions or concerns will be managed by a member of our staff and, if required by law, by an independent adjudicator. In all matters, the decision(s) shall be final and no correspondence or discussion shall be entered into.
26. Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein 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. Competition winners’ names may be published on our website or you can write to the MUSTARD TV, naming the specific competition and including a self-addressed stamped envelope for a list of winners. 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.
27. Prizes are non-transferable and there is no cash alternative. We reserve the right to substitute prizes of equal or greater value at any time.
28. We reserve the right, in our absolute discretion, to request a proof of identity in the form of your passport, driving licence and a utility bill bearing your address.
29. Prizes are awarded at our discretion and prizes may be withheld in the event of improper actions by or on behalf of any entrant. If the improper action is discovered after the prize has been released you undertake, if required, to return the same (or provide compensation) to MUSTARD TV forthwith. Where Entries are being judged on creative or artistic merit or other subjective criteria, MUSTARD TV 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.
30. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. We reserve the right to request written proof of age of any winner.
31. All prizes will be presented to winners via the UK mail service, unless otherwise noted. MUSTARD TV does not accept any liability or claims for prizes which are lost, delayed or damaged in the post or otherwise not validly received by you. All taxes arising in connection with the award of any prize will be the sole responsibility of the prize winner.
32. We will not be responsible for replacing a prize if a concert or ticketed event has been awarded as a prize and the concert or event is cancelled or postponed.
33. A person or people at the same residential address may not win more than one prize valued at £500 or greater within a one-year period following the first win.
34. Prizes must be taken in accordance with the dates and destinations and number of passengers specified by MUSTARD TV. There will be no cash alternative. There will be no alternative destination.
35. Holidays are non-transferable. Holidays are subject to availability. You must hold a valid UK passport with at least 6 months’ further duration (or competition entry will be invalid).
36. Holidays are not available to persons under the age of 18 without the express prior written permission of MUSTARD TV. Children between the ages of 12 and 16 years for the purpose of airfares are considered to be adults. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.
37. All holidays must be taken within 6 months of the date of the competition or will be deemed invalid.
38. You must comply with the terms and limitations of any insurance policy relating to the holiday.
39. You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
40. You are not entitled nor authorised in any way to commit MUSTARD TV to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of MUSTARD TV in writing.
41. Passport control and in-country authorities will reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be your sole responsibility.
42. Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by MUSTARD TV or its agents are for guidance only and are subject to change without notice with no liability arising. You must have sufficient financial resources to meet any financial commitment which they may incur in connection with the Prize beyond those included in the Prize itself (including, without limitation, transfers to and from a London airport, meals and drinks).
43. The winner agrees to accept all blackout dates, space availability, requirements etc established by our prize partner(s).
44. You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.
Intellectual Property Rights
45. You hereby assign to MUSTARD TV the entire copyright and other intellectual property rights in and/or arising from your Competition entry and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental (the “Products“) for the full term of such rights, and where such Products are not in existence at the date of this Agreement, by way of present assignment of future rights. You agree that MUSTARD TV shall be free to assign such rights to third parties and that MUSTARD TV and its sponsors and advertisers shall have the unrestricted right to use the Products including the Competition entrant’s name and image in any manner or media in perpetuity.
46. You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
47. For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in MUSTARD TV for its own use (in its absolute discretion).
48. You hereby warrant that the information that you submit and/or distribute as your Competition entry or otherwise related to the Competition will not infringe the intellectual property, privacy or any other rights of any third party, will not contain anything, which is libellous, defamatory, obscene, indecent, harassing or threatening and will not expose MUSTARD TV (its sponsors, advertisers, licensees or assignees) to any criminal or civil action.
49. You shall indemnify MUSTARD TV (its sponsors, advertisers, licensees and assignees) for any loss, damage or liability arising in connection with your Competition entry. If relevant, we reserve the right, but not the obligation (and without limiting our rights under your warranty and indemnity above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
50. MUSTARD TV is not liable in any way for any costs, expenses, damages, liability, injury or disappointment 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) which if relevant will be identified on the Competition Notice. This exclusion does not include any liability for negligence by MUSTARD TV or death or personal injury arising out of such negligence.
51. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
52. It is agreed and accepted by you that MUSTARD TV shall have no liability whatsoever in respect to competitions operated on behalf of third parties, eg. Sponsor.
53. You are not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to MUSTARD TV, its business, personnel, servants, agents or officers to anyone.
54. You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of MUSTARD TV.
Data Protection and Publicity
55. Winners may be requested to take part in promotional activity and we reserve the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publicity.
56. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not, subject to 55 above, be disclosed to a third party without the individual’s prior consent.
57. The Terms (unless otherwise expressly confirmed in writing by MUSTARD TV) 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 MUSTARD TV. 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.
58. In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.
59. 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
60. 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.
61. The Competition and the terms and conditions of this agreement will be governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts. The MUSTARD TV website (“the Site”) is only intended to be accessed from the United Kingdom. MUSTARD TV makes no representation that materials on the Site relating to the Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom, you are responsible for compliance with all local laws.
How to contact us
You can contact us in relation to any competition by writing to MUSTARD TV Ltd, Prospect House, Rouen Road, NorwichNR1 1RE.