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Competitions Terms And Conditions

The ‘Oh-So-not-so Small Print’ for all Draws on UnderTheChristmasTree

Entries to all free prize draws must be received as stated by the closing date specified.

Free prize draws are open to all UnderTheChristmasTree readers/visitors in the UK over the age of 18, except anyone connected, in anyway, to UnderTheChristmasTree or the company, agency or individual participating in the draw.

When entering the competitions, you will sometimes be given the option to opt in to receive marketing communications from the prize sponsor. This does not affect your entry into the competition and is completely optional. If you do opt in to receive such information, your contact details will be passed to the prize sponsor for this purpose. During the process of entering it is likely you will see advertising from companies not related to the competition. It is optional if you opt in to receive any information relating to these offers. In some cases, you may be required to view a promotional video in order to complete your entry.

UnderTheChristmasTree cannot accept responsibility for entries that are lost or delayed, or which are not received for any reason.

Automated/bulk entries and entries from third parties will be disqualified.

The winning entries for each prize draw will be the first entries drawn at random after the closing date out of the UnderTheChristmasTree ‘virtual hat’.

Winners details will be posted on our ‘Competition Winners’ page – name and town/city only.

No correspondence will be entered into, prizes are as stated, are not transferable and there is no cash alternative.

Winners will be notified by e-mail from UnderTheChristmasTree withing 48 hours after the competition closing date.

Please allow 28 working days for delivery of your prize. This should be calculated from the date you were notified by UnderTheChristmasTree that you had won.

UnderTheChristmasTree reserves the right to substitute a prize of equal or greater value at any time or withdraw the competition if there are matters outside our control.

We reserve the right to cancel anything we deem insensitive or contrary to editorial policy.

UnderTheChristmasTree is compliant with the Data Protection Act and it is our policy that we will not pass on your details to any third party without your prior consent. Your details will only be passed on to a third party if you have won a prize and for the sole purpose of prize allocation.

Competitions are open to members based in the UK.

Competitors via Twitter must follow the guidelines laid out in the initial tweet with regards to retweeting to enter and for UK residents only.

Competitors via Facebook must follow the guidelines laid out in the initial post with regards to entry rules and for UK residents only.

Competitors via Instagram must follow the guidelines laid out in the initial post with regards to entry rules and for UK residents only.

Please note we will try our hardest to contact winners and deliver prizes however if we are not able to get in touch with you we reserve the right to re draw the winner(s) and allocate the prize to someone else after 28 days. This is most likely to occur but is not limited to time sensitive prizes or where a choice of prize(s) is available.

Please note that your details will be passed on to the company who supply the prize. All companies who are supplying the prizes are GDPR compliant and are verified UK companies and will not pass your details onto any other company, the details are only used to send out your prize.

YouTube competitions
To be eligible entrants must reside in the UK and of 18+

Entrants must have their YouTube subscriptions set to be shown publicly in order to participate in the competition.

Winners will be contacted via YouTube messenger or via email. They will have 48 hours to acknowledge receipt of the email and send their postal address for the prizes to be sent. After the 48 hours expires an alternative winner will be chosen.

Additional Rules for Photography and Video Competitions and adding photographs & videos to UnderTheChristmasTree

Please read through these carefully as this explains how UnderTheChristmasTree may use your photos, videos and personal information.

You must include your name and e-mail address in any submission.

By submitting your photos & videos, name and contact details to UnderTheChristmasTree and by adding your photograph/video and/or entering the Competition you agree to these rules. If you do not agree please do not submit this information to UnderTheChristmasTree.

Submit your photographs/videos/entries using the entry form only.

Details of the Competition Prize and how to enter/submit photos/videos are set out on this article on the UnderTheChristmasTree website and are incorporated into these terms and conditions.

UnderTheChristmasTree reserves the right to edit any photo/video.

Your photo/video is made at your own expense and UnderTheChristmasTree shall not be liable to reimburse any expenses incurred in making a submission.

UnderTheChristmasTree will not return any photos/videos.

Photos/videos will be displayed to and accessible by UnderTheChristmasTree users on the UnderTheChristmasTree web sites.

UnderTheChristmasTree will not be responsible for the non receipt of any entry.

UnderTheChristmasTree reserves the right to use the Entrant’s photos or video to market the Competition or showcase the work of UnderTheChristmasTree.

UnderTheChristmasTree reserves the right to refuse any entry for any reason at its absolute discretion.

The decisions of the Judges are final. Neither correspondence nor discussion concerning any decision shall be entered into.

UnderTheChristmasTree reserves the right to disqualify any entry if it has reasonable grounds to believe you have breached any of these terms and conditions.

UnderTheChristmasTree shall be under no obligation to include your entry in the Competition.

UnderTheChristmasTree or its third party contractors may review the photos/videos you submit to it but do not undertake to do so. If your photo/video contains what appears to be illegal conduct, UnderTheChristmasTree may notify law enforcement authorities.

The Entrant must submit only his/her own original work and agrees and confirms that this will not infringe the copyright or any other rights of any third party.

Entry to the Competition by Entrants is done at his/her own risk.

No purchase is necessary to enter the Competition.

Winners will be notified prior to their photo/video appearing on the website.

Only the Winners will be contacted by UnderTheChristmasTree.

No correspondence will be entered into, prizes are as stated, are not transferable and there is no cash alternative.

UnderTheChristmasTree reserves the right to substitute a prize of equal or greater value at any time.

Please allow 28 working days for delivery of your prize. This should be calculated from the date you were notified by UnderTheChristmasTree that you had won. We will contact you twice using the details you have supplied to us and if you have not responded within 28 days of our first contact, the prize will be forfeited and another winner chosen. It is the winner’s responsibility to notify UnderTheChristmasTree of any change in contact information.

UnderTheChristmasTree reserves the right to seek and issue publicity on behalf of the Entrant. By entering the Competition, the Entrant agrees to participate in publicity as reasonably requested surrounding the Competition.

UnderTheChristmasTree accepts no responsibility for any misuse of intellectual property rights.

Rights to use your photographs and videos

You irrevocably and unconditionally grant to Rights to use your photographs and videos

You irrevocably and unconditionally grant to UnderTheChristmasTree all necessary rights and consents for the full period of copyright to use any photo/video you submit for any purpose including without limitation the ability for UnderTheChristmasTree to digitize, encode, publish and transmit the photo/video on web sites owned or controlled by it or by any third party and otherwise in any way in any media (including promotional material, associated services, and any other ancillary use) and in any part of the world through any medium now known or hereinafter invented.

Such right to use is royalty-free and no payment is, or shall be, due to you. For the avoidance of doubt the rights granted under this paragraph shall include the right to use the photos/videos websites controlled by UnderTheChristmasTree or by any third party technical provider for promotional purposes.

You grant to UnderTheChristmasTree the non-exclusive right to syndicate to third party websites or services.

You permit UnderTheChristmasTree or its third party agents to edit or change the photo/video in any way that it deems necessary in its sole discretion.

You irrevocably and unconditionally waive any so-called “moral rights” or “performers’ rights” in the photo/video (as set out in the Copyright, Designs and Patents Act 1988 or otherwise) that you now have or may acquire in relation to the Materials.

Any material created by or on behalf of UnderTheChristmasTree utilizing your photo or video, or any component therein is and shall remain the property of UnderTheChristmasTree , but for clarity you retain ownership of your photo/video.

all necessary rights and consents for the full period of copyright to use any photo/video you submit for any purpose including without limitation the ability for UnderTheChristmasTree to digitize, encode, publish and transmit the photo/video on web sites owned or controlled by it or by any third party and otherwise in any way in any media (including promotional material, associated services, and any other ancillary use) and in any part of the world through any medium now known or hereinafter invented.

Such right to use is royalty-free and no payment is, or shall be, due to you. For the avoidance of doubt the rights granted under this paragraph shall include the right to use the photos/videos websites controlled by UnderTheChristmasTree or by any third party technical provider for promotional purposes.

You grant to UnderTheChristmasTree the non-exclusive right to syndicate to third party websites or services.

You permit UnderTheChristmasTree or its third party agents to edit or change the photo/video in any way that it deems necessary in its sole discretion.

You irrevocably and unconditionally waive any so-called “moral rights” or “performers’ rights” in the photo/video (as set out in the Copyright, Designs and Patents Act 1988 or otherwise) that you now have or may acquire in relation to the Materials.

Any material created by or on behalf of UnderTheChristmasTree utilizing your photo or video, or any component therein is and shall remain the property of UnderTheChristmasTree, but for clarity you retain ownership of your photo/video.

Photo/Video content

You are entirely responsible for the content you submit in your photos/videos. You agree and confirm that you will abide by the following in relation to any content you submit:

Before you feature anyone else in your photo/video, you must have obtained their consent to photograph/video them and to submit the photo/video to UnderTheChristmasTree.

Everything you submit must be your own original work and not copied from anyone else’s. By submitting your photo/video you agree and confirm that it does not infringe the copyright or any other rights of any third party. If you include anyone else’s material in your photo/video, you must have obtained their permission to do so. If you don’t, you will be infringing the copyright in the material. This includes material downloaded or copied from a website.

Do not include anything that is pornographic, obscene, indecent, harassing, threatening or offensive.

Do not photograph/video anything confidential, covertly photograph/video anyone or infringe anyone’s right to privacy.

Don’t include personal contact details (including where you work or live) or anyone else’s personal contact details in your photograph/video.

Your photo must not feature predominantly or solely a trademark or logo. Your photo should not feature celebrities or public figures unless you have their permission or if you are the celebrity or public figure.

You must have obtained all consents and licenses necessary for you to submit the photo/video and for it to be used in the Competition. If any under 16s are shown in the photo you are responsible for obtaining the written consent of their parent or guardian.

Photos must not contain viruses, Trojans or other harmful elements.

Participation in the photo/video is at your own risk.

You may be held legally accountable for your submission if you are in breach of the items listed above.

To make a complaint

If you believe any photo/video has infringed or violated your rights, including by defaming you or infringing your copyright, please provide UnderTheChristmasTree with the following information immediately:

Your name, email address, physical address, contact telephone number.

Details of your complaint, with a description and title of the material in question and a link.

In the case of a copyright dispute, identification of the copyrighted work that you claim has been infringed and a statement by you that you have a good-faith belief that the use of the work is not authorised by the copyright owner, its agent, or the law.

A statement by you that the above information is accurate. In the case of a copyright allegation, confirm that you are the owner, or an authorised representative of the owner, of the copyright interest involved or; and

Your signature (written or electronic)

Complaint Contact Details: To make a complaint write to
UnderTheChristmasTree competitions
The Schoolhouse,
Mouswald
Dumfries
DG1 4LT
or email admin@underthechristmastree.co.uk. UnderTheChristmasTree shall use its best endeavours to promptly remove photos/videos reported to it and which in its judgement are in breach of these rules but cannot guarantee to do so.

Limitation of liability

You agree that under no circumstances will UnderTheChristmasTree or its third party contractors be responsible or liable to you or any other person or entity for any direct, indirect, incidental, consequential, other damages (including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses) arising out of or relating in any way to the competition (including for the avoidance of doubt the making of photos and in the competition prize), the use or the inability to use the service, unauthorised access to or alteration of your transmissions or data, the materials available on or through the site, even if any of these parties have been advised of the possibility of any damages. Nothing in these terms of use affects the statutory rights of any competition entrant under applicable laws or excludes or limits UnderTheChristmasTree ‘ or its third party contractors’ liability for death or personal injury arising from their negligence or fraud, or for any other liability which cannot be excluded or limited under applicable law.

General

Acceptance of these Terms and Conditions and the Rules is a condition of entry and receipt of an entry by UnderTheChristmasTree amounts to acceptance of the Terms and Conditions and the Rules.

If you do not want to grant UnderTheChristmasTree the rights set out above, please do not submit your photo.

If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

Our terms and conditions shall be governed by and construed in accordance with Scottish Law. Both you and UnderTheChristmasTree hereby submit to the exclusive jurisdiction of the Scottish courts.

UnderTheChristmasTree reserves the right to review and revise these rules from time to time without giving you prior notice. By entering the Competition subsequent to any revision of these rules, you agree to be bound by such changes.

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