THESE TERMS AND CONDITIONS
1.1 The following terms and conditions are our “General Terms” and they apply to every “Competition” (including but not limited to prize draws, giveaways, skill and talent competitions) that we, Harper Editorial Ltd, promote and administer including without limitation, in magazines, online and/or on mobile.
1.2 Each Competition may also have its own specific terms and conditions explaining how to enter, what the opening/closing dates and times are, what the Competition winner’s prize will be etc. These “Specific Terms” will, as applicable, be published in the relevant magazine and/or published on the webpage that is promoting the particular Competition.
1.3 These General Terms shall apply in addition to any Specific Terms which may also be in place for a Competition or prize draw on any platform. You should always read these General Terms together with the Specific Terms. If any Specific Terms conflict with these General Terms, the Specific Terms will prevail.
1.4 These General Terms may be amended at any time without prior notice. We may change these General Terms at any time so you should check this page regularly for any changes. Changes will apply from the date that they are published on this page. It is your responsibility to ensure you review the current General Terms as well as Specific Terms before entering any Competition or prize draw of the Promoter.
1.5 By entering any Competition you are accepting that you will be legally bound by these General Terms and the applicable Specific Terms. If you do not agree with any aspect of the General Terms or Specific Terms then you should not take part in the Competition.
1.6 We recommend that your print and store or save a copy of these terms and conditions for future reference during the Competition.
2. THE PROMOTER OF EACH COMPETITION
2.1 The “Promoter” of a Competition is the person legally responsible for administering it. For our Competitions, unless otherwise specified in Specific Terms, or where a Competition is run on behalf of a third party, the Promoter will usually be Harper Editorial Ltd
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Entrants must meet all eligibility requirements as specified in the Specific Terms. Entrants must be residents of the United Kingdom and must be aged 18 years or over at the time of entry, unless specified in the Specific Terms or otherwise. The Promoter will not delver any prizes to any address outside the United Kingdom.
3.2 Where Competitions are open to children (aged 15 or younger) and/or young persons (aged 16 or 17), the age requirements for the Competition will be publicised in the Specific Terms as applicable. We reserve the right to request parental permission for children or young persons to enter and/or require that a release form be signed if we feel in our sole discretion that this is appropriate.
3.3 Certain Competitions may have additional eligibility requirements such as residential postcodes, valid passports, visas, driving licences, good physical health etc. All eligibility requirements will be detailed in the applicable Specific Terms.
3.4 Whether any eligibility requirement has or has not been met is always at our sole discretion and we may require evidence or confirmation from entrants before awarding prizes.
3.5 Harper Editorial Ltd employees and their immediate families (including any live-in partner) and the employees of any third-party sponsors, prize providers or their immediate families are ineligible to enter. Any such entries are invalid.
3.6 Use of a false name or address will result in disqualifications.
3.7 Entries made online using methods generated by a script, macro or the use of automated devices will be void. Further information appears at 4.10.
4. ENTRY AND ENTRY METHODS
4.1 Online Giveaway Competitions
Online entry: Unless otherwise indicated or in accordance with any Specific Terms, online entry to our Competitions is free of charge. Online entrants are required to follow the instructions on the website as indicated in the Specific Terms. Internet service providers’ fees may apply when accessing the internet.
4.2 Decision making
In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answer or response given by an entrant, or the operation of any part of the Competition or prize draw service, networks or systems, the decision of the Promoter shall be final and no correspondence will be entered into.
4.3 Deficient entries
In all Competitions, we reserve the right at any time to reject any entries that are incomplete, incomprehensible, incorrect, inaudible, lost, damaged in any way, made or received after the deadline for receiving entries has passed or which are otherwise deficient or not in accordance with the General Terms or Specific Terms. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful or offensive in any way. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions or issues, network congestion, loss in service of online entry mechanisms, computer or technical errors or any other reason. We cannot enter into correspondence with entrants who experience difficulties when entering online. Any entries received which are in any way in breach of these General Terms or Specific Terms will be void and will be disqualified from the Competition.
Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won. We also reserve the right to ask any entrant to produce a form of personal identification in order to verify their identity or any other eligibility requirements as necessary.
4.5 Manipulation of services
We are committed to operating our Competitions fairly and transparently and preventing any abuse of our Competitions and systems.
For this reason we reserve the right to disqualify and/or discount entries if we have reasonable grounds to suspect, in our sole discretion, having regard to all the circumstances and information available at the relevant time, any of the following:
- activity has occurred that is designed to excessively manipulate the Competition; or
- entries have been made in breach of the General Terms or Specific Terms; or
- there has been any activity which we consider is designed to unfairly influence the Competition and/or provide an unfair advantage to the entrant including without limitation use of automated or semi-automated technology; or the making or disguising of multiple entries by an individual entrant using multiple different phone numbers (or other details on which limits on number of entries are based), false names, addresses or any other information.
Unless otherwise permitted pursuant to the applicable Specific Terms or unless it is an Online Giveaway Competition, if we have reason to believe that an individual entrant to our Competitions has made multiple entries using different phone numbers, names, email addresses, or social media pages (or other details on which limits on number of entries are based) from any one entry platform then we will treat this as an attempt to unfairly influence the Competition and all entries submitted by that entrant will be void.
4.6 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, we reserve the 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 (when reasonably required to do so) to replace the stated prizes with 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 and where applicable, in accordance with the terms and conditions in place from a third party prize provider. 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.
5.2 All prize winners will be notified that they have won a prize within twenty-eight (28) days of the closing date of the Competition via at least one of the following methods:
(a) by telephone;
(b) by email;
(c) in writing;
5.3 Prizes will be despatched 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 reasonable control. Further details will be set out in the Specific Terms and/or given to winners when they are notified that they’ve won.
5.4 Prizes will only be delivered to an address within the UK. Should a prize winner’s contact details change, it is solely their responsibility to notify us or the contact person(s) detailed in the Competition’s Specific Terms.
5.5 We reserve the right to ask any prize winner for a form of personal identification in order to verify they are who they say there are, be that in the form of a passport, driver’s licence or any other form of personal identification. We also reserve the right to ask any prize winner for some proof of address, be that in the form of a utility bill, bank statement or any other valid proof of address (in our sole discretion).
In the event that a prize winner cannot provide us with (i) a valid form of personal identification; and/or (ii) valid proof of address (both of which are reasonably acceptable to us, judged in our sole discretion), we reserve the right to withdraw the prize and select another prize winner.
5.6 All prizes are subject to availability, are non-transferable and are also 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 any relevant third party provider). Prize winners will forfeit any element of their prize that they do not take at the time stipulated in the Specific Terms. No cash will be awarded in lieu of that prize or any part of it.
5.7The Promoter reserves the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason (in its sole discretion) including, without limitation, due to circumstances beyond its control, or if any part of the prize becomes unavailable. If for any reason the winner chooses not to take up the prize or any part of the prize, the Promoter reserves the right to ask the winner to confirm this in writing and, whether or not such confirmation is received, the Promoter will be able to retain or dispose of the prize (or part of the prize) at its own discretion.
5.8 Any tax or other charges payable as a result of a prize being awarded or received will be the sole responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is of 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 purpose, 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, to the best of our knowledge and belief, correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of a cheque in the name of 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 for an event are not included and any accommodation prize includes basic room charge only.
5.2 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. Harper Editorial Ltd shall have no liability in relation to any prize provided by a third-party provider.
5.12 As far as it is lawful to do so we exclude our liability for any losses suffered in connection with the Competition or any element of the Prize.
- EVENTS PRIZES
6.1 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 alternative prize, cash equivalent or alternative tickets.
6.2 If a Competition that you participate in or a prize that you win involves travel, stunts or physical challenges you should notify us of any medical condition that you (and, if applicable, your Guests) have and at our absolute discretion we may require you (and your Guests) 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 to 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.
6.3 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 nor will we offer any alternative prize or cash alternative or compensation for such failure. We cannot guarantee that the celebrity will fulfill all elements of the prize and accept no liability in this regard.
7. WINNER CONTACT AND CLAIMING PRIZES
7.1 The winner will be contacted as soon as practicable on or after the draw date or judging date (as appropriate) as indicated in the Specific Terms. Reasonable efforts will be made to contact a winner on the contact details provided when entering the Competition. Unless the prize is time critical or time sensitive, all prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
7.2 We reserve the right to award prizes unclaimed after these periods to alternative entrants or not to award them at all. 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.
7.3 Where the prize must be taken up within 1 month of the close date of the Competition, the Competition will be considered “time critical”. As a winner needs to be found before the time to take up the prize passes, the Specific Terms will indicate the date(s) when entrants must be contactable and the Promoter will try to contact the winner on the contact details provided.
7.4 If the winner cannot be contacted or successful contact is not made within the time periods set out in clauses 7.1 to 7.3 above, or as otherwise set out in the Specific Terms (as applicable), or if the winner fails to meet any of the eligibility requirements or is otherwise unable to comply with the General Terms or Specific Terms, this may result in forfeiture of the prize and the Promoter reserves the right to disqualify that entrant (without further liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.
7.5 Any entrant and/or winner must comply with any directions given to him or her by the Promoter, prize provider(s) and/or their agents and with all relevant laws, rules and regulations, restrictions, itinerary. Failure to comply with instructions, itineraries, rules, restrictions, requirements, laws and guidelines may result in an invalid entry and/or forfeiture of the prize.
8 PUBLICITY AND PERSONAL INFORMATION
8.2 If you are required to submit a third party’s personal data to enter or participate in a Competition, you must ensure that the person whose details you submit has given their consent for you to provide us with their personal data.
8.3 Entrants, particularly prize winners and their guests if applicable, may be required to participate in photo, recording, video and/or filming session(s). You agree that we shall have the right to use all the resulting publicity materials in any 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. You agree that the Promoter (or any third party nominated by the Promoter) may in its sole discretion use the winner’s (and if applicable their guest’s) name and image and their comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being due.
8.4 If you elect for anonymity, we may not be able to include you in certain Competitions. This includes providing these materials to our third-party prize providers 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 the use of publicity materials.
9 PRIZE DRAWS
9.1 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.
9.2 If we become aware that the same person has been selected as a prize winner more than once, we will draw another name.
Where entrants are required to submit a contribution (which may include but is not limited to photograph(s), video, audio, live-media images, drawings, essays and/or other similar designs or artistic works) as part of their entry, entrants warrant that they have all the rights necessary to submit the contribution and have the right to grant to Harper Editorial Ltd a non-exclusive royalty-free licence in all copyright therein, for use worldwide and in perpetuity. Entrants hereby warrant that they have all the rights necessary to submit the contribution and have the right to grant this licence to Harper Editorial Ltd. It is recommended that entrants send in copies rather than original material as such material will not be returned unless otherwise specified in the Specific Terms.
10.1 By entering our Competitions all entrants:
(a) 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;
(b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against Harper Editorial Ltd, its assigns, 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 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;
(d) 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.
10.2 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 exploit the same our absolute discretion.
11.1 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. Any such prize may at our discretion be awarded to the prize winner’s parent or legal guardian.
11.2 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.
11.3 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 the age of 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.
12 TAMPERING AND 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.
13 RESPONSIBILITY FOR TAKING UP A PRIZE
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. We accept no liability for making alternative arrangements for entrants to enter or finding alternative arrangements or prizes for prize winners who are unable to take up prizes as a result of their own personal circumstances, such as not being available on the necessary dates.
14 TERMINATION OF COMPETITION
Harper Editorial Ltd may vary the terms of, or terminate, a Competition at any time at its absolute discretion if reasonably required to do so. Termination or variation of a competition is without liability to any contestant or other person. The Promoter will not award the prize if the Competition is terminated.
15 DECISIONS FINAL
15.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
15.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
15.3 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.
16 FAILURE TO ENFORCE TERMS AND CONDITIONS
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.
17 EXCLUSION OF LIABILITY
17.1 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.
17.2 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 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 17.2 shall also apply in respect of any prize provided by a third-party provider.
17.3 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 severed from the remaining provisions which shall continue in full force and effect.
17.4 In relation to all competitions, prize draws, votes and polls promoted by the Promoter:
17.4.1 Nothing in these terms restricts your statutory rights as a consumer.
17.4.2 Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our staff’s negligence or for fraud or for any other liability which cannot be limited or excluded by law or regulation.
17.4.3 We cannot guarantee that the services or systems for entering a Competition, will at all times be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of any problem with any network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons reasonably beyond our control.. Subject to 19.4.1 and 19.4.2, Harper Editorial Ltd, do not accept responsibility where all or any part of the service relating to a Competition is discontinued, modified or changed in any way.
17.4.4 Subject to 17.4.1 and 17.4.2, the Promoter or other Harper Editorial Ltd companies (“Harper Editorial Ltd”) do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in a Competition or from accepting any prize whether due to any error, omission by the Promoter, Harper Editorial Ltd or its or their employees, agents or others or by any other cause.
17.4.5 Subject to 17.4.1 and 17.4.2, we will not be liable to reimburse the cost or expenses incurred in making a Competition entry where applicable.
17.4.6 Subject to 17.4.1 and 17.4.2, we do not accept responsibility in the event that any entry is lost, delayed or not properly received, registered or recorded or for any incorrectly addressed or undelivered Competition entries, votes or polls or for any disruption, delay or misdirection of such entries.
17.4.7 Subject to 17.4.1 and 17.4.2, we reserve the right to amend any element of a Competition for reasons beyond our reasonable control, including but not limited to the unavailability of the Competition entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. We are not responsible for any loss or damage caused to you as a result of any of these occurrences.
17.4.8 You agree to reimburse the Promoter in respect of any damages suffered by the Promoter or any losses by the Promoter resulting from any claim made by a third party in each case in respect of any matter arising from your use of the services relating to the Competition.in breach of the General Terms or Specific Terms or from your violation of any applicable law or regulation.
17.4.9 It is your responsibility to ensure that you control access to any phone number that you use to enter. Subject to 17.4.1 and 17.4.2, the Promoter shall not be responsible for any loss you suffer as a result of Harper Editorial Ltd dealing in good faith with anyone other than you who has access to any such number (or any device using any such number).
These General Terms (and any Specific Terms) are available in English only and shall be exclusively governed by and construed in accordance with the laws of England and Wales.
Last updated July 2020