Competition Entry and Content Upload Terms and Conditions
1. TERMS AND CONDITIONS - THE CLOSET (a) These terms and conditions (the "Terms and Conditions") apply to all competitions (the "Competition(s)") featured on and any and all content ("the Content") uploaded by you in connection with The Closet (the "Series") which Twenty Twenty Productions Limited (the "Company") intends but does not undertake to produce for Bebo Inc. ("Bebo").
(b) All information provided on this Bebo owned and controlled website www.bebo.com/thecloset through which the Series is distributed (the "Website") on how enter the Competition(s), on the prizes and how they will be allocated and how your Content will be used ("Competition Information") also forms part of these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions and the Competition Information, the provisions of these Terms and Conditions will prevail. By entering the Competition(s) and/or uploading your Content, you accept that these Terms and Conditions together with any specific Competition Information will apply.
(c) The Company and/or Bebo may cancel or amend the Competition(s), change the Competition Information or these Terms and Conditions without prior notice. Any changes will be posted either within the Competition Information or these Terms and Conditions.
2. COMPETITION ENTRY
(a) It is a condition of your entry into the Competition(s) that you are, and you warrant, represent and undertake to the Company that you are:
(i) a resident of the United Kingdom and Eire and aged 13 years or over;
(ii) not an employee of the Company or any subsidiary, associated company or agency of the Company;
(iii) not a member of the immediate family (including any live-in partner) of a person employed by any of the above companies; and
(iv) not a presenter and/or principal contributor to the Series, a member of the production team working for the Company or otherwise involved in the production of the Series.
(b) You must become a member of the Website to be eligible to enter the Competition(s) and you may only enter the Competition(s) in your own Bebo profile name. The Company reserves the right to ask you for proof of your identity to verify your age and/or identity and may use any methods available to carry out checks of any details provided. Failure to provide proof of eligibility within a reasonable time upon request by the Company may result in disqualification from the Competition(s) and/or a prize being withheld or withdrawn.
(c) The Company may refuse to award the prize in the event of non-entitlement under these Terms and Conditions, an entrant's breach of these Terms and Conditions, fraud or dishonesty.
(d) The opening and closing dates and times for the Competition(s), how to enter, the number and type of prizes available, any restrictions on the number of entries per person, the criteria against which entries will be judged and how and when winners will be notified will be included in the Competition Information. Any entries received before the opening and after the closing of the Competition(s) will be invalid and will not be entered into the Competition(s). You may only enter the Competition(s) on one occasion and only through the applicable method(s) indicated in the Competition Information. Entrance to the Competition(s) is free.
(e) The Company and Bebo accept no responsibility for any failure to send/receive votes/entries or communication failures of any kind, whether due to network performance, any other event outside its reasonable control or otherwise. Entries not received by the Company will be void. In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the Competition(s) including competition entry, the decision of the Company shall be final.
3. THE PRIZE
(a) The winning entrant(s) will be selected from all entrants who have submitted Content via the Website in accordance with the Competition Information. The selected entrants will be contacted via the Website by the Company. It is currently envisaged that the winning entrant will be contacted via a Bebo private email. If a winning entrant(s) does not respond within 2 (two) days of selection, then the Company reserves the right to select another eligible entrant in his/her place.
(b) The winning entrant(s) will be offered the prize specified in the applicable Competition Information. No cash alternative, or exchange for cash, will be offered as an alternative to the prize. Any costs and/or expenses incurred in connection with the prize will be your sole responsibility and not that of the Company unless otherwise stated. If you are 16 years of age or under, you must be accompanied by a parent or guardian to an event given as a prize.
(b) When you submit your Content to the Company, you acknowledge that the Company will not automatically upload your Content. The Company and Bebo shall have no responsibility to return your Content to you and you agree and acknowledge that the Company has no obligation to include any or all of your Content in the Series, on the Website or at all. All decisions made by the Company and/or Bebo are final and may not be appealed.
(c) You acknowledge that there may be some delay from the time you submit your Content before it appears on the Website. You may be notified in advance if the Company decides to include your Content on the Website. We are unable, due to the volume of content submitted, to contact individuals to inform them as to whether or not their Content will be used for or in connection with the Series. If your Content is chosen to be uploaded onto the Website, you agree that the Company and Bebo have the right to use your name, likeness and biography in relation to your Content being included on the Website.
(a) If your Content contains any performance(s), you hereby grant to the Company and Bebo in relation to your performance(s) and agree that you have procured from any third parties featured in your Content and grant on all such third parties' behalf, all relevant consents (whether pursuant to the Copyright Designs and Patents Act 1988 or otherwise) sufficient to enable the Company and Bebo (and their assigns and licensees) fully and freely to exploit the Content in accordance with these Terms and Conditions.
(b) You also hereby waive, and agree that you have procured that any third parties featured in the Content have waived any and all moral rights with respect to the Content whether pursuant to the Copyright Designs and Patents Act 1988 or otherwise.
(c) If you believe that you have not obtained the relevant consents and permissions in respect of any third party contributions contained in the Content, you agree to notify the Company immediately after submitting your Content by emailing firstname.lastname@example.org and including in your notification email your name and the email address from which you submitted your Content and you agree that the Company may contact you in order to discuss and assist if possible in obtaining any relevant permissions and consents from any such third parties.
(a) You warrant that your Content is your own original work and that you have the right to make it available to Bebo and the Company for all the purposes specified at paragraph 4 and 5 above;
(b) You warrant that if your Content does contain third party material, you have obtained permission for both you, Bebo and the Company to use such third party material as specified at paragraphs 4 and 5 above, including permission from the owners of all copyright, performance rights, image rights, music publishing rights, publicity rights, design rights, trade marks, trade secrets, privacy rights (including the third party's consent under the Data Protection Act 1998) or other proprietary rights;
(c) You warrant that your Content does not infringe the rights of any third party, including any of the rights listed in paragraphs 4 and 5 above;
(d) You warrant that your Content is not defamatory, libellous or obscene or showing any nudity, violence, crime, dangerous behaviour, encouragement of under-age drinking, encouragement of drug taking, sexual content or incitements to religious hatred or otherwise unlawful activities and will not cause harm or offence or bring Bebo or the Company into disrepute;
(e) You warrant that your Content does not contain third party material of any person under 13 years of age;
(f) You warrant that if any third parties are depicted in your Content, that you have obtained written permission or on-camera permission from such third parties, including written permission from the parents/guardians of anyone below 18 seen in the Content;
(g) You warrant that your Content does not violate any applicable law or Bebo's terms of service;
(h) You warrant and undertake to the Company that you will not give to any person any interview or make, give or release any statement or writing for publication by any means or medium relating to the Competition(s) and/or the Content without the prior written consent of the Company.
(i) You acknowledge that the Company may moderate any of your Content and if they believe your Content breaches any of the provisions in this paragraph, they may decide not to make use of your Content in any way or to remove your Content from the Website.
7. REMOVAL OF CONTENT
If you would like your Content removed from the Website, the Company will endeavour to do this within a maximum of 15 working days after the Company has received the request by email to email@example.com ("Email Address") or in writing to the following address Twenty Twenty Television 20 Kentish Town Road London, NW1 9NX ("Postal Address")
8. INTERACTION WITH YOUR CONTENT
You acknowledge that some of the content on the Website is generated by members of the public in the form of comments on your Content. The views expressed are theirs and unless specifically stated are not those of Bebo or the Company. If you are unhappy with any of the comments, you may request removal of your Content from the Website in accordance with paragraph 7. If you consider any comments to be in breach of Bebo's Terms of Service (http://www.bebo.com/TermsOfUse2.jsp ), please email us at firstname.lastname@example.org and the Company and Bebo will review your complaint. Any decision whether to remove a comment from the Website is at the Company and Bebo's discretion and there will be no right of appeal against any of the Company or Bebo's decisions in this instance, provided you are free at all times to request removal of your Content in accordance with paragraph 7.
9. EXTERNAL THIRD PARTY WEBSITES
The Company and Bebo are not responsible for the content of any external sites referenced or linked on the Website. All external sites will operate upon their own terms and conditions and privacy policies and you use all such external sites at your own risk.
10. TECHNICAL FAULTS
You accept and agree that the Company and Bebo are not responsible or liable for any latency, disruptions or any service problems that occur in relation to the Website and the submission of your Content. 11. INTELLECTUAL PROPERTY
(a) The names images logos pictures and all content and icons relating to the Website, the Series, the Company, Bebo and any of Bebo's sponsors or advertisers and those of any third parties' are the sole property of the Company, Bebo, their advertisers or sponsors and their associated companies and/or third parties and nothing in these Terms and Conditions shall be construed as conferring any licence or right to you to in
relation to the same unless expressly stated otherwise. (b) All content on this site (excluding all Content) including without limitation all music, graphics, designs, logos, text, the "look and feel" of the Website, all applications, software, pictures, videos, sound and other files and their arrangements ("Site Content") is the property of the Company and/or Bebo, their users or their licensors with all rights reserved. You may not modify, copy, distribute, frame, reproduce, publish, download, display, post, transmit, sell or exploit in any form the Site Content without the Company and Bebo's prior written consent.
12. PRIVACY AND DATA PROTECTION
(a) Your Content and any other personal information (such as your name, age, email address and other personal information contained in the submission form) will be submitted to and held by the Company. The Company will share your Content and other personal information with members of its production team and Bebo but only as is necessary to contact you about your Content, operate the Website and produce the Series. For the avoidance of doubt, if the Company posts your Content on the Website, your Bebo username will be used, not your real name (unless your user name is the same as or contains your real name).
(c) The Company will keep your personal information secure and will only use it for the purposes set out in this Privacy and Data Protection Policy and the Terms and Conditions. (d) The Company may use your personal information for the purposes described in these Terms and Conditions and in particular (a) the selection of Content for the Website and the Series (including contacting you about your Content if necessary) (b) the development and production, distribution, advertising and promotion of the Website and the Series, and (c) to comply with any applicable laws and regulations.
(e) If you wish to no longer be registered as a contributor for the Website and Series, or to be contacted by us or should you no longer wish us to hold data about you, you can opt out by simply contacting us at the Email Address or the Postal Address.
All Site Content is provided on an 'as is' and on an 'as available' basis without any representation or endorsement being made and without warranty of any kind including but not limited to implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy. The Company and Bebo do not warrant the accuracy or completeness of any Site Content. You acknowledge that your reliance on any statements on the Website is at your sole risk. Bebo and the Company reserve the right to modify alter or correct any omissions or errors in any part of the Website at any time without notice. In no event shall the Company or Bebo or any third party be liable to you for any damages or loss arising from any errors or omissions or loss of content or the Content or arising in connection with the Website, whether in an action in contract, negligence or tort, provided that these exclusions do not apply to death or personal injury caused by the Company's or Bebo's negligence and only apply to the extent permitted by law.
You acknowledge and agree that neither the Company nor Bebo shall be liable to you or your legal representatives for any loss, damage, cost, expense or injury to you or your property caused or suffered in connection with the Competition(s) and/or Content other than personal injury or death found by the courts of England to be due to the negligence of the Company or Bebo (as applicable) and recoverable on that ground. Further, each of the Company and Bebo shall be released and you agree to indemnify and hold the Company and Bebo harmless from any liability, including without limitation any damage or harm suffered by you, in connection with or as a consequence or your appearance in or contribution to the Competition and/or the Content.
(a) Nothing in these Terms and Conditions shall exclude or limit the Company's and/or Bebo's liability for death or personal injury caused in each case by its negligence or its liability for fraud.
(b) You acknowledge that in the event you have any claim against the Company and/or Bebo in connection with these Terms and Conditions, your sole remedy will be an action at law for damages and in no event will you be entitled to rescind these Terms and Conditions or receive any injunctive or other equitable relief whereby the rights granted to the Company and/or Bebo could be affected or the free and unrestricted exploitation or exhibition of the Content could be restrained, hampered or otherwise interfered with.
(c) All information disclosed to you regarding the business and commercial activities of the Company and/or Bebo is confidential ("Confidential Information") and you hereby agree not to use or disclose to any third party any Confidential Information except as necessary in connection with your participation in the Competition. These restrictions on use or disclosure of Confidential Information will not apply to any information: (i) which is generally available to the public (other than due to breach of these Terms and Conditions or any other duty of confidentiality); (ii) received by you from third parties who are not subject to any confidentiality obligations in respect thereof; or (iii) which is required to be disclosed by law, a stock exchange, regulatory authority or pursuant to an order of a court or equivalent authority. You acknowledge that any disclosure of Confidential Information not authorized by the Company will constitute a material breach of these Terms and Conditions and that damages alone would not be an adequate remedy and accordingly, without prejudice to any and all other rights or remedies that the Company may have, the Company shall be entitled without proof of special damage to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the provisions of this clause.
(d) These Terms and Conditions may be transferred, assigned or licensed by the Company (in whole or in part) to any third party (including, without limitation Bebo, a broadcaster, and any of the Company's subsidiaries or associated companies). These Terms and Conditions are personal to you and you shall not be entitled to transfer, assign or license the benefit of these Terms and Conditions (in whole or in part) to any third party.
(e) Bebo shall be entitled to enforce these Terms and Conditions as if they were contractual parties to them, but these Terms and Conditions do not otherwise create or confer any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any person who is not a party to these Terms and Conditions.
(f) You agree to execute and deliver to the Company any other documents that the Company considers necessary or desirable to evidence, effectuate or enforce these Terms and Conditions.
(g) If at any time any provision of these Terms and Conditions is found to be illegal, unenforceable or invalid in whole or in part then the remaining portions of such provisions and other provisions of these Terms and Conditions shall continue to be binding and in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the English courts. CONTACT DETAILS AND FURTHER INFORMATION If you have any queries in relation to these Terms and Conditions please contact The Closet, Twenty Twenty Television, 20 Kentish Town Road, London, NW1 9NX or by email to email@example.com
Competition Entry and Content Upload Terms and Conditions