Competition Terms & Conditions
SECTION 1: THESE TERMS AND CONDITIONS
1.1 These terms and conditions (which we will refer to as our “General Terms”) are the overarching general terms and conditions that apply to all the competitions promoted by The Orvis Co Inc Ltd (which we will refer to as “Orvis UK”, “we” or “us”). We refer to all these competitions as the “Competitions” in these General Terms.
1.2 In addition to these General Terms, Competitions will also have their own specific terms and conditions (such as the details of how to enter, the opening/closing dates and the sort of prize you may win). Any such Competition-specific terms and conditions will be made available as part of the promotion of the particular Competition in publications and/or online. In these General Terms, we will refer to these Competition-specific terms and conditions as the “Specific Terms”.
1.3 You should therefore read these General Terms in combination with any applicable Specific Terms. Where any such Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
1.4 We may change these General Terms at any time. You should check our website regularly for any changes, which will apply from the date that they are uploaded.
1.5 By entering any Competition you agree that you will be legally bound by these General Terms and also any applicable Specific Terms.
SECTION 2: IDENTITY OF THE PROMOTER OF THE COMPETITION
2.1 The “promoter” of a Competition is the person who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be Orvis UK.
2.2 Orvis UK is a company registered in England and Wales with company number 11507651 and with its registered office at Unit 4-5 Parnell Court, Andover, HANTS SP10 3LX. You can write to us at this address if you have any concerns in relation to any of our Competitions, setting out clearly (i) the name of the Competition, (ii) your concern or query.
SECTION 3: ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Unless we impose a particular age limit in relation to any of our Competitions, they are open to all persons resident in the UK at the date of their entry. We reserve the right to require that the parent or guardian of any person aged 18 or less confirms in writing that they agree to be bound by the terms and conditions of the Competition and will accept any prize on behalf of a prize-winner under the age of 18.
3.2 It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes. We reserve the right to disqualify any entry which does not comply with these General Terms.
3.3 Employees (and their immediate family and household members) of Orvis UK, or any company involved in the Competition, or any such company’s subsidiary or associated companies, agents or members of their families or households, or any prize provider, or (if relevant) any advertising agency connected with a Competitor may not enter that Competition.
SECTION 4: ENTRY AND ENTRY METHODS
4.1 Emails: Where a Competition asks you to enter by email, your email must be addressed to the correct email address and must include the correct subject title, keywords or other answer format as required by the relevant Specific Terms. Entries which fail to do so will be void. Email entries are deemed to be received on arrival, not when they are sent from your email account.
4.2 Social media: Where a Competition asks you to enter by social media including Facebook, Instagram and Pinterest, your social media name must be correct and your entry must include a tag for @orvisuk. The rules stated in the post must be followed for entry to be counted. Entries which fail to do this will be void. Entrants must be over 18 years old on the date of their entry. The Prize will be awarded to a randomly selected winner who has entered using a random generator. Orvis UK will not be held liable if the named prize becomes unavailable or cannot be fulfilled. Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value. The name, address, email address and phone number of the winner must be provided to Orvis UK if requested and will be shared to enable fulfilment of the Prize. The winner’s name and social media username may be posted on the social media profiles of Orvis UK after the winner has been selected. No purchase necessary. Winners will not be required to pay to enter the competition. Instagram, Facebook or Pinterest are not in any way affiliated or involved in the competition. The decision made by Orvis UK is final. No correspondence will be entered into.
4.3 Names: Entrants must enter Competitions using their legal name once 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.
4.4 Multiple Entries. Unless otherwise permitted pursuant to any 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.
SECTION 5: PRIZES
5.1 We reserve in all cases the right 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.
5.2 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 (1) of the following methods:
(a) by telephone; or
(b) in writing (including by email and social media messaging).
5.3 Prizes will be despatched to the winner via the UK postal service or similar courier, unless otherwise stated. We will not be liable for any prizes which are lost, delayed or damaged in transit for reasons beyond our control.
5.4 Prizes will only be delivered to an address within the UK. Should a prize-winner’s contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
5.5 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 reasonably acceptable to us, we may withdraw the prize and select another prize-winner.
5.6 All prizes are subject to availability, non transferable and non exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified by us. If a prize-winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the winner. No cash will be awarded in lieu of that prize or part of it.
5.7 Any tax 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.
5.8 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.
5.9 All stated prize values are at the supplier’s recommended retail price in pounds sterling and are correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of a cheque in the name of the prize-winner. Any other arrangement will be at our discretion.
5.10 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 or an event are not included and any accommodation prize includes basic room charge only.
5.11 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, Orvis UK shall have no liability in relation to any prize provided by a third party provider.
5.12 A list of prize-winners for a Competition can be obtained by writing to: Head of Marketing, Orvis, Unit 4-5 Parnell Court, Andover, HANTS SP10 3LX., and quoting the name of the Competition.
SECTION 6: EVENTS PRIZES
6.1 Where the prize for any of our Competitions involve the winner’s attendance at (or tickets to) an event, the prize-winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the winner (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
6.2 Entrants proposing to redeem prizes involving, or participating in any Competition where it involves, travel, stunts or physical challenges should notify us of any medical condition and we may at our absolute discretion require entrants as a condition of entering the Competition or receiving the prize to:
(a) submit to a medical examination by a medical practitioner approved by us and obtain medical clearance to participate in the Competition and/or redeem the prize; and/or
(b) execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
6.3 Where prizes comprise or include “meet and greet” elements with celebrities, the prize may be subject to the availability of the celebrity in question or to rules imposed by the celebrity and we will have no liability for any inability or failure of any prize-winner to attend any “meet and greet” session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
6.4 Unless otherwise specified, travel and/or accommodation to/ from/ during events, is not included with events prizes. Such arrangements are the sole responsibility of the winner.
SECTION 7: UNCLAIMED PRIZES
7.1 All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated. We reserve the right to award prizes unclaimed after this period to alternative prize-winners or not to award them at all and we shall have no liability in respect of the entry initially selected. Any prize which is returned as undelivered will be used for another Competition or sent to charity.
7.2 We reserve the right to award prizes unclaimed after this period to alternative prize-winners or not to award them at all.
7.3 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.
SECTION 8: PUBLICITY AND PERSONAL INFORMATION
8.2 Should an entrant be required to submit a third party’s personal information as a part of entry into or participation in any Competition, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competitions.
8.3 It is a condition of your entry to our Competitions that we have the right to publicise to the public the names and Counties of entrants to our Competitions and otherwise to process your personal information for the running of the Competitions and matters incidental to the Competition.
8.4 All entrants and particularly prize-winners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) 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.
8.5 Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
8.6 No fees shall be payable to any entrant in relation to their entry in any Competition or any publicity relating to the Competition.
8.7 By entering the Competition entrants warrant and undertake that the information submitted is true, accurate and complete.
SECTION 9: PHOTOGRAPHS AND VIDEOS
9.1 Should any Competition require entrants to submit any photographs or video clips, as a part of entry into or participation and used in the Competition (collectively referred to in these General Terms as “Photograph”):
(a) entrants warrant that they are the person in the Photograph or have prior approval from the person in the Photograph that it may be submitted as part of their entry;
(b) entrants agree that we have the right to publish and communicate to the public the Photograph in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the Competition;
(c) entrants acknowledge that we may edit the Photograph in our sole discretion;
(d) entrants agree that we have the right to use entrants’ names, likenesses and other personal information in conjunction with the Photograph;
(e) entrants agree not to bring against us any actions, suits, claims and demands 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;
(f) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photograph; and
(g) entrants aged under 18 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).
SECTION 10: DRAWS
10.1 Where any prize is awarded via a prize draw, prize-winners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition closing date (unless otherwise specified in the Specific Terms).
10.2 If we become aware that the same person has been selected as a prize-winner more than once, we will draw another name.
SECTION 11: COPYRIGHT
11.1 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 Orvis UK, 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.
11.2 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 our absolute discretion.
SECTION 12: MINORS
12.1 If any prize-winner is a child or young person (i.e. under the age of 18) we may require that the terms and conditions applicable to the Competition (including these General Terms) be signed by the prize-winner’s parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prize-winner’s parent or legal guardian.
12.2 Where entrants or prize-winners are required by us to sign a release or other document before participating in a Competition and/or redeeming a prize and the entrant and/or prize-winner is under the age of 18 years, such document must be signed by that person’s parent or legal guardian prior to their participation in the Competition and/or the prize being awarded.
SECTION 13: TECHNICAL AND OTHER MATTERS
13.1 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 or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
SECTION 14: 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.
SECTION 15: TERMINATION OF COMPETITION
SECTION 16: DECISIONS FINAL
16.1 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.
16.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
16.3 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.
SECTION 17: FAILURE TO ENFORCE TERMS AND CONDITIONS
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.
SECTION 18: EXCLUSION OF LIABILITY
18.1 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.
18.2 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 in these General Terms 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 18.2 shall also apply in respect of any prize provided by a third party provider and to any social networking site (where the Competition is hosted by a social networking site).
18.3 Where a competition is hosted by a social networking site, the Competition is in no way sponsored, endorsed, administered by or associated with that social networking site.
18.4 By entering the Competition, the entrant indemnifies us against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein.
18.3 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.
SECTION 19: LAWS
19.1 These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.
SECTION 20: ADDITIONAL TERMS & CONDITIONS
These terms are supplementary to the above competition and giveaway terms and conditions. Your statutory rights are not affected.