Birthday Clip Terms & Conditions
TERMS AND CONDITIONS OF ENTRY FOR BABY NETWORK LIMITED (Promoter)
BABY TV CLIP PRIZE PROMOTION
By entering the Prize Promotion, all entrants are deemed to have accepted and agreed these terms and conditions.
1. Entrants must be over the age of 18 and be resident or domiciled in one of the following countries or territories: Argentina, Albania, Angola, Cabo Verde, Austria, Belgium, Bolivia, Bosnia, Brazil, Bulgaria, Cambodia, Canada, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Italy, Japan, Kenya Korea, Kosovo, Latvia, Libya, Lithuania, Macau, Macedonia, Malaysia, Maldives, Malta, Mexico, Monaco, Montenegro, Morocco, Mozambique, Myanmar, Netherland Antilles, Netherlands, Nicaragua, Nigeria, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Romania, Russia, Serbia, Singapore, Slovenia, Slovakia, Spain, Sri Lanka, Sub-Saharan Africa, Taiwan, Thailand, Turkey, UK, Ukraine, Uruguay, USA, Venezuela and Vietnam.
2. Employees of the Promoter or any of their wholly-owned subsidiaries or any suppliers connected with the administration of this Prize Promotion or any members of those employees’ families are not eligible to enter.
3. Entrants can enter the Prize Promotion only as specified in these terms and conditions and the Prize Promotion online entry form.
4. The winner may be required to provide the Promoter with proof of identity in such form as Promoter in its sole discretion requests.
5. Failure to comply with any of these terms and conditions (including instructions) will disqualify any entrant from taking part in the Prize Promotion and the entry will be invalid. The Promoter retains sole discretion to refuse entrants the right to enter if it feels that these terms and conditions are not being complied with or for any valid and justifiable reason.
6. The Promoter reserves the right to disqualify any entrant and/or winner and/or amend these terms and conditions at any time in its absolute discretion.
7. To enter, entrants must:
(a) provide the following in respect of their child to be entered in to the Prize Promotion (Child): name (as you would like it to appear in the Baby TV clip (Clip)), age, country of residence and a clear, good quality image of your Child (in jpeg or png format) (Image). The Image must be clear, in focus and free of obstructions (such as hats, shadows etc.), and should only show one child.
(b) after submitting such information and Image of their Child, follow the online instructions in order to make a short Clip featuring their Child; and
(c) after they have made the Clip, entrants must select the “enter promotion” link and complete the required details i.e. their full name and that of their Child, their email address and the date on which the entrant would ideally like the Clip to be aired (for example, their Child’s birthday) and all other information required to complete the entry form.
All entrants must tick a box to confirm that they have read and understood these terms and conditions.
8. This is a monthly competition. Entries must be received on or before the 19th of any calendar month, at least sixty (60) days prior to the month in which the entrant would like the Clip to be shown on TV (Closing Date). Each Child will only be eligible to win the competition once i.e Any entry received after the Closing Date will be invalid for entry in the competition for the following sixty (60) days and will instead be automatically entered into the competition for the next calendar month which follows (for example: an entry received on 22nd April will not be eligible for the June competition but will automatically be entered into July's competition so that, should the entrant win, the Clip will be shown in July (but not June).
9. No purchase is necessary for entry in the Prize Promotion.
10. Any entry made giving another person’s (or a false) name or other dishonest information will be disqualified.
11. The winners will be randomly selected from those entrants who have entered the competition in accordance with these terms and whose Clip has been properly submitted and is, in the Promoter’s reasonable opinion, suitable for transmission on BabyTV. For avoidance of doubt, Promoter shall have absolute discretion over the decision as to whether or not to transmit a Clip. Winners will be notified by email within 45 days of submitting their Clip.
12. There will be up to ten (10) winners each month in each of the following categories of Clip:
(a) Birthday Clip
(b) Hokey Pokey
(c) Birthday Series – Train
(d) Birthday Series – King
(e) Birthday Series – Cake
13. The Promoter’s decision in this Prize Promotion is final and legally binding and no correspondence will be entered into.
14. Each winner’s Clip will be shown on Baby TV’s television channel in countries where the channel is broadcast. The Clips will be aired on dates and times and as frequently as the Promoter in its sole discretion may determine.
15. The Promoter reserves the right to substitute all or any part of the prize for one of an equivalent or greater value if necessary for reasons beyond its control, and any change will be final and binding upon every person who enters the Prize Promotion.
16. The prize for this Prize Promotion will be given to the winners as set out in these terms and conditions. The winners must accept the prize in that form. Under no circumstances will cash be given as an alternative. The prize is non-transferable, non-negotiable and cannot be substituted for any other prize or cash value.
17. Where applicable, the winners will be liable for any taxes or surcharges that may be levied on the prize and for any expenses not specified in the description of the prize.
18. The terms and conditions of any third party supplier of a prize will apply to the prize where applicable.
19. The Promoter will not be held liable for a prize if the winner is unable for any reason to view the prize when aired. Promoter shall not be liable in any way for failing to broadcast a Clip and/or failing to broadcast a Clip on a specified date and/or at a specified time.
20. The Promoter shall not be liable in any way for any failure, liability or breach by any third party in connection with this Prize Promotion or prize and accepts no responsibility for any loss, property damage or personal injury suffered by a winner relating to this Prize Promotion or the prize, except in the case of death or personal injury caused by Promoter’s negligence or fraudulent misrepresentation and, so far as permitted by law, the Promoter its associated companies and agents exclude responsibility and all liabilities arising for reasons beyond its control including any act or default of any third party supplier.
21. The Promoter does not accept any responsibility for network, computer hardware or software failures of any kind that may restrict the sending or receipt of an entry or the winners’ notification emails.
Use of Image
22. By entering this Prize Promotion and by uploading an Image, each entrant hereby agrees to the following terms and conditions:
(a) You warrant that you are the legal parent or guardian of the Child and you agree that you and your Child will be bound by these terms and conditions.
(b) You consent to Promoter’s use of the Image and the use of the Image in the Clip.
(c) You grant to Promoter a worldwide, perpetual, royalty free right and licence (Licence) to use the Image and the Image contained in the Clip in all forms of media including on the Promoter’s channel(s).
(d) You agree that no payments are due to you or the Child and you will not make any request for remuneration of any kind in connection with Promoter’s use of the Image.
(e) You warrant that the Image (including all copyright therein) is owned or licensed by you and the use by Promoter of the Image and the Image contained in the Clip will not infringe the rights of any third party.
(f) You acknowledge that the intellectual property contained in the Clip is the sole property of Promoter.
(g) You hereby indemnify Promoter, its affiliates and their respective directors, officers, employees, assigns or customers in respect of all actions, proceedings, claims, damages, expenses or liabilities whatsoever which may be made or brought against or suffered or incurred by Promoter in consequence of breach of any of the warranties, undertakings or obligations herein contained.
(f) You hereby release Promoter, its affiliates and their respective directors, officers, employees, assigns or customers from any claim, action or demand arising out of or in connection with Promoter’s use of the Image.
(h) You acknowledge and agree that Promoter may assign the Licence and the benefit of the warranties, indemnities and undertakings given by you here to any other person in its sole discretion.
Publicity and Personal Data
24. By entering into this Prize Promotion you consent to your personal data and that of your Child being passed outside the EU for the purposes of processing and storing on the Promoter’s servers.
25. By entering this Prize Promotion, each of the entrants agrees that if they win, the Promoter may display their name and that of their Child on its website in a list of winners.
26. Entrants indemnify the Promoter, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claim, losses, costs, damages, liability and expenses arising out of the entrant’s breach of any of these terms and conditions.
27. Each entrant by entering this Prize Promotion expressly releases the Promoter, its affiliates, agents, employees and directors from any claim, action or demand arising out of or in connection with the Prize Promotion or their prize, if any.
28. The laws of England and Wales govern these terms and conditions.
29. Promoter: BABY NETWORK LIMITED Unit 3.4, Shepherds Studios, Richmond Way, London W14 0DQ.