Promotion Rules

  1. These rules and any other rules specified by Shift Active Media Limited (the “Company”, “we” or “us”) or any of our group of companies from time to time (“Promotion Rules”) apply to any promotion which is run by or on behalf of the Company (“promotion”). By taking part in a promotion, you agree to be bound by the Promotion Rules (as they may be amended from time to time) and by the decisions of the Company which are final in all matters relating to the promotion. It is the entrant's responsibility to keep themselves fully informed of any updates to the Promotion Rules. The Company reserves the right to disqualify any entrant and/or winner in its absolute discretion for any reason and without notice in accordance with the Promotion Rules.
  2. All entries must be received at the place specified during the period in which the promotion is open and late or incomplete entries will be automatically disqualified. The specified closing date and time of a promotion is in accordance with Greenwich Mean Time (GMT). Proof of posting or transmission (if relevant) shall not be deemed proof of delivery or entry to the promotion. No responsibility can be accepted for entries which are lost, mislaid, damaged, delayed, misdirected or corrupted during delivery to the place specified, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
  3. Entries must be submitted by an individual (not via any agency or similar) and, unless otherwise stated, are limited to one per household. Entries on behalf of another person will not be accepted and joint submissions are not allowed. The Company will not accept competition entries that are (a) automatically generated by computer; (b) completed in bulk or are considered by the Company at its sole discretion to be multiple entries; or (c) any entry which is, or is considered by the Company at its sole discretion to be corrupted, incomplete or offensive. Prizes may be provided by a third party partner or sponsor of the promotion. The Company reserves the right at its sole discretion to substitute any prize with cash or a prize of comparable value if circumstances beyond the Company’s control make it necessary to do so. Prizes are not negotiable or transferrable. No purchase or payment is necessary to enter any promotion save for standard postage costs (if applicable).
  4. The winning entry will be chosen at random from all correct responses which meet the entry criteria. The Company reserves the right to declare an entry void which does not reach any required standard, whereupon it may award prizes or not as appropriate.
  5. Unless otherwise stated, each promotion is open to all aged 18 years and over (or the age of majority in your territory of residence if more than 18 years old), except those who are resident in territories subject to UN sanctions, and employees of:

    1. the Company;
    2. agents or suppliers of the Company, who are professionally connected with the competition or its administration;
    3. any third party appointed by the Company to organise and/or manage the promotion; and
    4. the promotion sponsor(s) / partner(s).
  6. By entering a promotion you:

    1. confirm that you are eligible to do so and eligible to claim any prize that you may win;
    2. grant the Company, any third parties appointed by the Company for the purpose of organising and/or managing the promotion and the promotion sponsor(s) permission to use your name and likeness for the purpose of organising and/or managing the promotion, for announcing the winner of the promotion and for related promotional purposes;
    3. grant the Company the right and a worldwide, royalty free and irrevocable license to publish winning entries themselves (including, but not limited to, photos, videos and text) on its website https://www.shiftactivemedia.com/ and on any other media, whether now known or invented in the future and in connection with any publicity of the promotion. All winners are required to give full cooperation to the Company in connection with their entry, the promotion, prizes or otherwise;
    4. acknowledge that, where the promotion is being run on the Company’s Facebook site, you are disclosing information to the Company and any promotion sponsor(s) / partner(s) and not to Facebook Ireland Limited or Facebook, Inc. (together “Facebook”);
    5. accept that all entries will become the property of the Company upon receipt and will not be returned. You will retain all rights you have in the copyright and other intellectual property rights comprising the promotion entry but, by entering the promotion, you grant the Company and its licensees a worldwide, royalty-free, exclusive and irrevocable right to republish, amend and/or reproduce your entry;
    6. waive any moral rights or similar rights you have in your entry whether such rights arise pursuant to the Copyright, Designs and Patent Act 1988 (the “Act”) or equivalent legislation anywhere in the world;
    7. warrant to the Company that, where applicable, the promotion entry is wholly original to you and not wholly or substantially copied from any other material and that the promotion entry does not defame, cause injury to or invade the privacy of or otherwise infringe or violate any statutory, common law, regulatory or intellectual property rights of any third party; and
    8. acknowledge that if you are a competition winner, your contact details (including name, email address, postal address and telephone number) may be provided to the organisation providing the prize in order to arrange delivery/fulfilment. Where such organisation is based outside the EU, the Company shall ensure that sufficient means are in place to protect any personal information which is transferred for these purposes, in accordance with our Privacy Policy, available at https://www.shiftactivemedia.com/privacy-policy/.
  7. You may be offered the chance to subscribe for a free newsletter or other service of the Company but failing to do this will not disqualify you from a promotion.
  8. If you are a winner, you may have to provide additional information (including, without limitation, proof of age or identity) and/or complete additional documents and return them to the Company within a specified period. Failure to provide additional information and/or complete additional documents within the required time period, or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected.
  9. The details of the winning entry or entries will be sent to anyone who requests the same within three (3) months of the closing date of the promotion. Requests should be sent to the postal address (Shift Active Media Limited, First Floor 30 Monmouth Street, Bath, BA1 2AP, United Kingdom) or email address (promotions@shiftactivemedia.com) for promotion entries and, if postal, should be accompanied by a stamped, self-addressed envelope.
  10. If you are a winner of a promotion:

    1. the receipt by you of any prize is conditional upon you complying with any and all applicable laws, rules and regulations including, without limitation, the Promotion Rules, any international visa and other regulatory requirements;
    2. you acknowledge and agree that neither the Company or any promotion sponsor(s) / partner(s) or any of their employees, agents or subcontractors shall have any liability to you whatsoever in connection with your use and/or possession of your prize, provided that nothing in these Promotion Rules shall exclude or limit the liability of any party for personal injury or death caused by negligence or for anything else which cannot be excluded or limited by law;
    3. you acknowledge that dates, locations, destinations and other prize details are subject to availability. The prize is awarded in its current state (where applicable). The Company is not responsible for any visible or hidden defects in the prize nor for any damage during delivery (shipping) of any prize;
    4. you agree to identify shipments subject to any pre-export regulatory controls, and provide us with information and all necessary documentation to comply with any applicable regulations;
    5. you agree that you will bear the cost of any additional import duties, costs, taxes or similar charges levied on the delivery of the goods or their entry into the territory of destination, and the Company will not be required to pay any such costs; and
    6. you accept responsibility at your expense for determining export and import licensing or permitting requirements for shipment, obtaining any required licenses and permits, and ensuring that you are authorised by the laws of the country(ies) of origin and destination (as appropriate) asserting jurisdiction over the goods.
  11. If any winner of a promotion is unable to take up a prize for any reason, or if the Company has not been able, after making reasonable efforts to make contact with the winner, the Company reserves the right at its sole discretion to award that prize (without notice to the first winner chosen) to an alternative winner, in which case the first winner chosen shall not be eligible for any share of the prize whatsoever. The Company shall not have any liability in such eventuality.
  12. Save as otherwise set out in these Promotion Rules, the decision of the Company is final and no correspondence or discussion will be entered into.
  13. Any personal data is only used for the purposes of running the promotion, contacting winners (including where for a particular promotion the winner is to be contacted by a third party providing the prize in respect of a promotion) and segmenting data on an anonymised basis, in accordance with the Company’s privacy policy, https://www.shiftactivemedia.com/privacy-policy/ and no identifiable data is shared with third parties except in order to supply any prize to promotion winners (for example so that the brand supplying the prize can arrange for its delivery).
  14. The Company reserves the right to cancel or alter or amend the promotion at any stage, if deemed necessary in its opinion, or if circumstances arise outside of its control, such as changing the rules of a promotion whilst it is running, or extending the closing date.
  15. The Company excludes all liability to the extent permitted by law for any cost, claims or losses howsoever caused that arise by reason of any person's entry into a promotion or the award, or non award, to them of a prize. Your statutory rights are not affected.
  16. The Company confirms that: promotions and votes are conducted in a way that is honest, open, fair and legal; winners of promotions and votes are genuine and never invented, pre-chosen or planted. Every complete and correct entry should have a fair chance of winning; we will never ask anyone to pose as a promotion contestant or winner; prizes are described accurately; and we will not mislead entrants about the nature of a prize.
  17. The Company will hold any personal details it is entitled to hold on its own or a duly authorised agent's registered database for the purposes of optimising its commercial offering to users and viewers of its services, actual or potential. Entrants may also be asked to indicate their consent to have that data used from time to time by other carefully selected organisations who may be licensed by the Company to use it.
  18. These Promotion Rules and any promotion run by the Company pursuant to these Promotion Rules shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

V1 29.09.2021