These terms and conditions (which we will refer to as our “General Terms”) are the general terms and conditions that apply to all competitions and prize draws as promoted by us. We refer to all competitions and prize draws as “Competitions” in these General Terms.
Competitions may also have their own specific terms and conditions (such as the details of how to enter, what the opening/closing dates are and what sort of prize you may win). Any such Competition specific terms and conditions will be made available as part of the on-line or in-print promotion of the particular Competition. In these General Terms, we will refer to Competition specific terms and conditions as the “Specific Terms”.
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.
Changes to Terms
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.
Identity of the Promoter
Unless any specific terms tell you otherwise, House of Fraser will always be the promoter of competitions.
Unless we say otherwise in the Specific Terms, our Competitions are open to all persons resident in the UK (which comprises England, Northern Ireland, Scotland and Wales) aged 18 or over at the date of their entry.
Certain Competitions may have additional eligibility requirements, such as valid passports, visas, driving licences, good physical health and so on. Any such additional eligibility requirements will be publicised to entrants in the relevant Competition or Specific Terms.
In the event that Competitions are open to children (aged 15 or younger) and/or young persons (aged 16 or 17), the age requirements will be publicised to entrants in the Specific Terms. 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 these terms and conditions and will accept any prize on behalf of an under-18 prize winner.
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.
Employees of House of Fraser and their immediate families may not enter any Competition; neither may the employees of any third party sponsors, prize providers or their immediate families or anyone professionally associated with the Competition.
The entry method will be specified in the relevant media as part of the on-line or in-print promotion of the particular Competition and/or in the Specific Terms.
In all Competitions, we reserve the right to reject any entries that do not meet the entry requirements as stated in the Specific Terms, are incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of our Company. We accept no responsibility for any late, lost or misdirected entries, including but not limited to texts, post, online entry forms or emails not received due to technical disruptions, network congestion, virus, bugs or any other reason. Proof of sending of any entry will not be proof of our receipt of that entry.
The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
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. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and, in particular, where a person is in breach of the entry restrictions set out in rules 3 and 4 above, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.
We reserve the right to substitute the stated prizes with prizes that we consider to be of the same or higher value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered. All elements of a prize are non-transferable. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prize winner’s parent or guardian on behalf of the prize winner. Holiday prizes are not available to persons under the age of 18 without written consent from a parent or legal guardian and unless accompanied by a parent or legal guardian.
All prize winners will be notified that they have won a prize no later than thirty (30) days of the closing date of the Competition via telephone or in writing via email.
Prizes will be dispatched to the winners via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed or damaged in the post for reasons beyond our control.
Prizes will only be delivered to an address within the UK (or elsewhere if the Competition is open to entrants residing outside of 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.
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.
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 or in the Specific Terms. 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.
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.
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 purposes, 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.
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 specified in the Specific Terms. Any other arrangement will be at our discretion.
No additional, further or other costs or expenses are included in any prize unless stated in the Specific Terms. 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.
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 point 2 of Exclusion of Liability in the General Terms, we shall have no liability in relation to any prize provided by a third party provider.
Where holiday prizes include a place for a travelling companion (i.e. a holiday for the prize winner plus guest), then these terms also apply to those persons. The holiday prize will be subject to availability and certain dates may be excluded when the winner may not take up the prize. All elements relating to such prize must be taken up during one period, and not on non-consecutive dates. The prize winner and any travelling companions must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation.
Unless otherwise stated, insurance is not provided as part of any holiday prize. It will be each prize winner’s and (if applicable) their travelling companion’s responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to be taken. All insurance, spending money and other expenses, unless otherwise stated, are costs for the prize winner and their travelling companion and are not provided as part of any holiday prize. Unless stated otherwise, holiday prizes consist of flights and accommodation only.
Unless otherwise stated, holiday prizes do not include airport departure or government taxes. These must be paid by the prize winner and any travelling companion.
Passport control and the authorities of the country being visited may reserve the right to refuse entry to prize winners and/or their travelling companions. If this occurs, we shall not be responsible for ensuring prize winners or their travelling companions’ ability to travel to their holiday destination nor for any additional costs incurred should any person be refused entry. It is the prize winners’ obligation to check any conditions of entry and comply accordingly.
Holiday prizes are also usually subject to terms and conditions required by the provider which will apply to the prize winner and their travelling companion.
It is the responsibility of the prize winner and any travelling companions (if applicable) to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination. We will not be responsible for any loss or damage suffered by any prize winner and their travelling companions (if applicable) arising out of their failure to follow any travel advisories issued by the Government.
The prize winner and their travelling companions (if applicable) must comply with and are responsible for obtaining any inoculation and health regulations by any holiday prize destination country.
We will not be liable or responsible for any loss or damage suffered by any prize winner or their travelling companion (if applicable) should any prize winner or their travelling companion (if applicable) not redeem a holiday prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries or for any other failure on their part to travel. In particular, we shall have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winner and/or their travelling companion (if applicable) fail to redeem a holiday prize for any reason.
Where the prize for any of our Competitions involves 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.
Where prizes comprise or include “meet and greet” elements with celebrities, the prize may be subject to the availability of the celebrity in question. We will have no liability for any inability or failure of any prize winner or celebrity 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.
All prizes must be claimed within fourteen (14) 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.
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.
Entrants agree that we have the right to publicise and communicate to the public, the names, home towns, characters and likeness of entrants to our Competitions for the running of the Competitions and matters incidental to the Competition. In particular, entrants consent to their entries to Competitions being published and communicated to the public on our website's.
All entrants and, in particular, 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.
Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers or promoters for the purposes of promoting their association with the Competition and awarding the relevant prizes.
No fees shall be payable to any entrant in relation to their entry in any Competition.
Comments & Creative
Should any Competition require entrants to submit a comment, a photograph or video clip as a condition of entry in to the Competition and used in the Competition (collectively, “Creative”):
entrants warrant that they are the person in the Creative or have prior approval from the person in the Creative that it may be submitted as part of their entry;
entrants agree that we have the right to publish and communicate to the public the Creative 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;
entrants acknowledge that we may edit the Creative in our sole discretion;
entrants agree that we have the right to use entrants’ names, likenesses and other personal information in conjunction with the Creative;
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 Creative;
entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Creative; and
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) to enter the Creative.
Awarding of Prizes
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.
If we become aware that the same person has been selected as a prize winner more than once, we will draw another name.
In the event of Competitions promoted by Newday Ltd, entrants must not be in breach of their credit agreement with Newday Ltd at the time of the draw.
Where any prize is awarded based on creative, artistic merit or other subjective criteria then the judge’s decision, as based on the subjective criteria set out in the Specific Terms, is final.
By entering our Competitions, all entrants:
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;
agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against us, our assigns, licensees and successors in title;
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;
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.
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 in our absolute discretion.
Tampering & Other Matters
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/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
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.
Termination of Competition
We may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. We will not award the prize if ttherhe Competition is terminated.
Decisions are Final
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.
Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
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.
Competitions which feature on Facebook are in no way sponsored, endorsed or administered by or associated with Facebook and entrants agree to release Facebook from any and all liabilities in connection with the competition.
Failure to Enforce T&Cs
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.
Exclusion of Liability
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.
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 herein 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 shall also apply in respect of any prize provided by a third party provider.
In the event that any provision of these General Terms, 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.
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.