Portman Marylebone Competition Terms And Conditions
Below are the terms and conditions relating to all current and future competitions and promotions run by PORTMAN MARYLEBONE, The Portman Estate, and Coverdale Barclay (on behalf of The Portman Estate).
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 competitions and promotions held by PORTMAN MARYLEBONE. We refer to all these competitions as the "Competitions" in these General Terms.
1.2 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 by means of the relevant media, via the PORTMAN MARYLEBONE, website, social media platforms and/or in-print communication such as The PORTMAN MARYLEBONE,. 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 or magazine regularly for any changes which apply from the date that they are uploaded.
1.5 By entering the Competition you agree that you be will legally bound by these General Terms and also any applicable Specific Terms.entering any Competition you agree that you be will legally bound by these General Terms and also any applicable Specific Terms.
2 Identity of the promotor 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 will be Coverdale Barclay Limited on the behalf of The Portman Estate ("the Promoter")
2.2 Coverdale Barclay Limited is a company registered in England and Wales. You can write to us at the following address if you have any concerns in relation to any of our Competitions, setting out clearly the name of the Com petition and your issue:
Coverdale Barclay, 19 Kingly Street,London, W1B 5PY
3 Eligibility rules for our competitions
3.1 Our Competitions are open to all persons aged 18 years and over unless otherwise specified.
3.2 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.
3.3 It is our sole decision as to whether any eligibility requirement has or has not met and we may require evidence or confirmation from entrants before awarding prizes.
3.4 Employees of the Promoter 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 else associated with the Competition.
4 Entry and entry methods
4.1. Entry methods may vary per Competition, please check the Specific Terms and Conditions for each Competition.
4.2 Deficient entries: In all Competitions, we reserve the right to reject any entries that are incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, or defamatory or which we consider to be otherwise harmful to the goodwill and reputation of the Promoter and/or its client(s). We accept no responsibility for any late, lost or misdirected entries including, but not limited to, texts, social media posts, callsor emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of receipt of our receipt of that entry.
4.3 Automated 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.
4.4 Names: Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names to require them and return any prizes they may have won.
4.5 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.
4.6 Prize Limit: No person or persons at the same residential address may win more than one prized value at £100 or more via any of our Competitions in any six (6) month period.
4.7 Retrospective Effect: 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 the rules 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.
5.1 We reserve the right in all cases to replace the stated prize with a prize or 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. Where there is no competition age limit to a prize, and 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.
5.2 All prize-winners will be notified that they have won a prize within ten (10) days of the closing date of the Competition via at least one of the following methods: Facebook, email, telephone, in writing.
5.3 If we have not received acknowledgment of a prize win within 48 hours after we notify the prize-winner by one of the above means, we reserve the right to select another prize-winner.
5.4 Prizes will be dispatched to winners via Royal Mail Recorded Delivery, 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.
5.5 Prizes will only be delivered to a UK address. Should the prize-winner’s contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
5.6 We reserve the right to request proof of the 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 the prize-winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize-winner.
5.7 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 prizeor part of it.
5.8 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.
5.9 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.
5.10 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 only award cash prizes in the form of a cheque to the prize-winner. Any other arrangement will be at our discretion.
5.11 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, unless otherwise stated.
5.12 Third party suppliers of prizes may often stipulate there own terms, conditions or restrictions and all prize-winners agree to be bound by these. Subject to paragraph 19.2, Coverdale Barclay shall have no liability in relation to any prize provided by a third party provider.
6 Holiday and hotel prizes
6.1 We have special terms that apply to holiday and hotel prizes. These are set out in this clause 6. Where holiday or hotel prizes include a place for a travelling companion(s) (i.e. a holiday for the prize-winner plus guest(s)) then these terms also apply to those persons.
6.2 Unless otherwise stated, insurance is not provided as part of any holiday or hotel prize. It will be each prize-winner 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 otherwisestated, are costs for the prize-winner and are not provided as part of any holiday prize.
6.3 Unless otherwise stated, holiday prizes do not include airport departure or government taxes. These must be paid by the prize-winner and any travelling companions.
6.4 The prize-winner and any travelling companions must have and maintain valid passportsendorsed with all relevant visas and with expiry dates no less than six (6) months following proposed dates of travel or such other duration as may be required by any relevant regulation. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in–country authorities may reservethe right to refuse entry to prize-winners and/or their travelling companions. We shall not be responsible for ensuring your ability to travel to your holiday destination nor any additional costs incurred should you be refused entry.
6.5 Unless otherwise stated, all holiday and hotel prizes must be taken within six (6) months of the closing date of the relevant Competition or the prize will lapse. Holiday prizes are also usually subject to terms and conditions required by the provider, which will apply to the prize-winner.
6.6 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 or hotel destination. We will not be responsible for any loss or damagesuffered by any prize-winner and their travelling companions arising out of their failure to follow any travel advisories issued by the Government.
6.7 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 their travelling companion not redeem a holiday or hotel prize as a result of a government travel warning or advisory applicable to the destination 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 the prize-winner and/or their travelling companion (if applicable) fail to redeem a holiday for any reason.
6.8 Prize-winners and their travelling companions must comply with the terms and limitations of airlines, other transport providers, and the other venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday or hotel. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7 Events and prizes
7.1 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.
7.2 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 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.
7.3 Where prizes comprise or include "meet and greet" elements with celebrities, the prize may be subject to the availability of the celebrity in question 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 not will we offer any alternative prize or cash alternative or compensation for such failure.
8 Unclaimed prizes
8.1 All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
8.2 We reserve the right to award prizes unclaimed after this period to alternative prize-winners or not to award them at all.
8.9 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.
9 Publicity and personal information
Coverdale Barclay,19 Kingly Street, London W1B 5PY.
9.2 In the event an entrant is required to submit a third party's personal information, as part of entry into or participation in any Competition, the entrant must ensure they have permission from that person, whose details have been provided, to be contacted in relation to the relevant Competition.
9.3 It is a condition of your entry to our Competitions that we have the right to publicise, broadcast and communicate to the public the names, home towns, characters, likeness and voices of the entrants to our Competitions for the running of the Competitions and matters incidental to the Competition.
9.4 All entrants and particularly prize-winners, may be required to participate in photo, recording, video and/or filming sessions. 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 social media) 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.
9.5 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 prize(s).
9.6 No fees shall be payable to any entrant in relation to their entry in any Competition.
10 Photographs and video
10.1 Should a Competition require entrants to submit a photograph or video clip, as a part of entry into or participation and used in the Competition (collectively, "Photography"): a) Entrants warrant that they are the person in the Photograph or have prior approval from the person in the Photograph and 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 Photographs in any media including, but not limited to, online, at an time without restriction or limitation throughout the world and not only for the purposes of the Competition; c) Entrants acknowledge that we may edit the Photographs at our sole discretion; d) Entrants agree that we have the right to the use entrant's names, likenesses and other personal information in conjunction with the Photographs; 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 Photographs; f) Entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs; and g) Entrants aged under 18 shall have obtained consent of a parent or a guardian and will provide us with the contact details we need should we wish to verify this.
11.1 Where any prize is awarded via a prize draw, prize-winners will be chosen at random from all the qualifying entries within 10 days of the Competition closing date, unless otherwise stated in the Competition's Specific Terms.
11.2 If we become aware that the same person has been selected as a prize-winner more than once, we will draw another name.
12.1 By entering our Competitions all entrants: a) Assign to us all rights (including present and future copyright) in their and their publicity materials in all media including, without limitation, the internet b) Agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are not recognised) against the Promoter, its assignees, 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 anyth ing which is defamatory, indecent, harassing or threatening and that they will indemnity 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 a bove and that they have obtained all consents and permissions necessary to grant us the same.
12.2 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 ex ploit the same our absolute discretion.
13.1 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 to the prize-winner's parent or legal guardian.
13.2 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.
13.3 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 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.
14 Tampering and other matters
14.1 If for any reason a 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.
15 Leave for participation
15.1 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.
16 Termination of competiton
16.1 The Promoter may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Competition is terminated.
17 Decisions final
17.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other persons will be entered into.
17.2 Tie-breakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by and independent adjudicator.
17.3 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.
18 Failure to enforce terms and conditions
18.1 A failure by us to enforce any one of these 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.
19 Exclusion of liability
19.1 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.
19.2 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 arising out of 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 19.2 shall also apply in respect of any prize provided by a third party provider.
19.3 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 served from the remaining provisions shall continue in full force and effect.
20.1 These general terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England.
21 Prize-specific Terms & Conditions - New Quebec Street Christmas Giveaway
The below Terms and Conditions relate to the New Quebec Street Christmas giveaway. Entry to the Giveaway is exclusively via the New Quebec Street Facebook page: https://www.facebook.com/NewQuebecStW1
Prize: A collection of prizes from New Quebec Street’s retailers, worth over £700. Prizes are listed below:
- The Grazing Goat – a one night stay with a guest plus complimentary breakfast worth over £250
- Paolita – a voucher for a pair of sandals worth £150
- Exceldent – a voucher for teeth whitening worth £98
- Eliska – a scented candle and refill worth £57
- Beauty Rose 'Hair and Beauty Professionals' – a luxury blow dry with bond fusion system voucher worth £55
- Daisy Green – a voucher for brunch for 2 worth £40
- James Bernard – a voucher for a bouquet of flowers worth £25
- Philglas&Swiggot – a bottle of Bordeaux Chateau Sablard du Grand Moine worth £22.50
- La Petite Poissonerie – a voucher for lunch worth £20
To enter the Giveaway, please follow these instructions:
- Visit the New Quebec Street Facebook page
- Share the post at the top of the page using #NewQuebecmas
- Entrants can enter as many times as they would like by sharing the post with the assigned hashtag, #NewQuebecmas
21.1 The winner will be selected at random from all entrants who share and correctly post with the assigned hashtag.
21.2 No prize can be returned for cash or exchanged for another prize.
21.3 We reserve the right to replace the stated prize with prize(s) that we consider are of equivalent value.
21.4 Entrants must be 18 or over.
21.5 By entering the Giveaway you are accepting these Terms and Conditions.
21.6 The cost of delivering the prize will be covered for UK residents only.
21.7 Your entry must not feature any inappropriate or offensive language, or anything that may be deemed to be obscene, defamatory, distasteful, offensive, or in breach of an applicable legislation or regulations, or in breach of any confidentiality obligations owed by you to third parties.
21.8 We may disqualify Your entry if You are not eligible to enter the Giveaway, You cannot be contacted or You do not respond within 48 hours of being contacted by Us in relation to your entry. In the event of disqualification, we may select a new winner in accordance with the processes below.
21.9 The Winner will be announced on Facebook and contacted on 19th December 2016, by 5pm. If no response has been received within 24 hours, another winner will be selected and contacted on the 20th December.
21.10 Entries must be made by the authorised account holder of the Facebook page that the entry is made from.
21.11 No purchase necessary.
21.13 The Promoter may pass entrants' details to third parties and/or otherwise engage in third party providers in connection with this Giveaway where the third party is acting on the Promoter's behalf for the purposes of administering this Giveaway and/or any subsequent publicity and/or as otherwise required by law.
21.14 Nothing in these Terms and Conditions shall exclude the liability of the Promoter for death, personal injury, fraud or fraudulent misrepresentation as a result of their negligence.
21.15 The Promoter accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of entering the Giveaway or accepting any prize. The Promoter further disclaims liability for any injury or damage to You or any other person's computer relating to or resulting in downloading any materials in connection with this Giveaway.
21.16 The Promoter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Giveaway with or without prior notice due to reasons outside their control (including, without limitation, in the case of anticipated, suspected or actual fraud)
For all other clauses, please refer to the General Terms and Conditions.
These Terms and Conditions were last updated on 16th December 2016.
Promoter: Coverdale Barclay Limited, 19 Kingly Street, London W1B PY