BPG Media consists of BPG (Stamford) Ltd Ltd, whose registered office is at 1-6 Buckminster Yard, Buckminster, Grantham, Lincs NG33 5SB. Registered in England and Wales company number 03383048, VAT no. 737925790.
This explains the practices of BPG Media in collecting and using your information. We are committed to respecting and safeguarding your personal information data. We collect various types of your personal information through your use of our websites to process your requests and orders and because it helps us to understand your needs and shapes the way in which we interact and communicate with you about our products and services now and in the future. We have policies and procedures in place to protect your data when you send it to us, when we process it in order to provide you with the services you have requested or, where you have given us your permission to do so, to send you information that we think you'll find interesting, and thereafter when we store your data on our secure servers. BPG Media will be the Data Controller of any personal data we collect about you and we are registered with the Information Commissioner's Office.
What personal data do we collect? BPG Media collects both Personal Data and Anonymous Data when you send us information or when you visit one of our websites, order products, enter competitions, subscribe to our magazines, complete surveys or post comments on our forums or social media platforms. When we talk about Personal Data we mean any information that can identify you as an individual, such as your name and postal address. Anonymous Data doesn't identify you as a person but it might be used in aggregate, for instance when you participate in a survey.
How do we keep it secure? Our data servers are protected and our staff will treat your data with respect and in accordance with the Data Protection Act 1998. When we ask another organisation to provide a service for us, we ensure that they have appropriate security measures in place. The internet is not a totally secure medium and you acknowledge and agree that BPG Media shall not be responsible for unauthorised use, distribution, damage or destruction of personal data, except to the extent that we are required to accept such responsibility.
How do we collect and use your Personal Data? We collect your details when you register on one of our websites; subscribe to our e-newsletter service; place an order on our website; search for a product; correspond with us by phone, e-mail or otherwise; participate in forums or other social media functions on our website, enter a competition or promotion.
With regard to each of your visits to our websites we may automatically collect the following information:
• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
We will be transparent about how we plan to use your data so that you have the choice whether or not to give it to us. We respect your preferences and will do our best to make sure that we keep our promises.
If you give us your consent to send you further marketing messages we may contact you from time-to-time with carefully selected offers and promotions from ourselves or from our network of carefully selected partners, from which you may always opt-out or unsubscribe. It is not our practice to contact you if you have made it clear that you do not wish to hear from us about our products and services.
We may need to authenticate your identity to provide you with access to subscriber-only services. We might also send you surveys or invite you to enter a competition or receive a newsletter, for instance. If you do not wish to participate you may simply decline our invitations.
Our iPad, Android and other "apps" may collect user data, which we use to learn about our readers and improve our apps.
To understand how our "apps" are used we may use the service of Google Analytics to provide us with anonymous statistical information about your use of our app(s).
Visitors can opt-out of Google Analytics for Display Advertising by visiting here https://tools.google.com/dlpage/gaoptout/
We use this information for reporting purposes and to advertise online. Third-party vendors, including Google, may show your ads on sites across the Internet. We may use the cookies relating to Google Analytics together with third party cookies to inform, optimise and serve ads based on a user's part visits to our websites.
However, you expressly consent to the sharing of your Personal Data with those suppliers with whom we contract in order to provide services to you, otherwise we may not be able to provide the level of service that we know you'll require.
If you send in a comment, we may post it on our site or use it as a testimonial without mentioning your full name or publishing any information that would identify you. Furthermore, in some circumstances we may display some of your information such as your username and age. Others may be able to see your personal data if you post any information on bulletin boards or forums and may be used to send you unsolicited communications over which we have no control.
We may share some of your information with advertisers, ad servers and ad networks to deliver targeted advertising both on our websites and on selected partner websites but this will not include any information, which directly identifies you. However, by interacting with or viewing an advert, you should be aware that the third party may make the assumption that you meet the targeting criteria used to display the advert.
Please take care when using social networking sites to which we may invite you to join that you do not disclose anything that you might later wish to retract.
There are certain times when we may be legally required to disclose your data in good faith where it is required by law or to respond to subpoenas or warrants served on us, or where we have a requirement to protect or defend the rights of BPG Media or any users of our servers. We will always ensure that those requesting the information have the legal right to do so.
1. To provide you with a more personal and interactive experience on our sites.
2. For statistical purposes to track how many users we have and have often they visit our websites.
3. We use organisation to collect anonymous user information so they can analyse how the website is being used and the number of visitors.
4. We and our advertisers may use statistical cookies to track who has seen an advert and clicked on it.
5. To show you adverts that you may be interested in and to control the number of time you see them and measures the effectiveness of the ad campaign.
6. We may use ‘Flash’ cookies to store your preference for your media player. If we do not use them, it may not be possible for you to watch some video content.
You have the ability to accept or decline cookies, but please be aware that for some parts of our sites to work, you will need to accept cookies. For more information please visit www.allaboutcookies.org and/or www.youronlinechoices.com
Our Apps: If you use any of our apps on your mobile device we will process the following information:
1. Your location-You may decline this request, but this may mean that we cannot offer relevant services;
2. Your device ID, this will be processed automatically;
3. Your email address, if you create an account;
4. Your age and gender, if you provide it.
Online Behavioural Advertising: We use an advertising service called online behavioural advertising (OBA). This allows us to deliver targeted advertising to the visitors of our websites. It works by showing you adverts that are based on your browsing patterns and the way you have interacted with the website. For example, if you have been reading a lot of car articles, you may be shown more adverts for cars. None of the OBA techniques used will collect personal information such as your name; email address, postal address or phone number. If you would like more information regarding OBA and how to opt out, please visit http://www.youronlinechoices.com/uk/
Logging in using social networking: If you login to our sites using a Facebook login or a Google login, you are granting permission to Facebook and or Google login to share your user details with BPG Media. This will include your name, email address, date of birth and location which will then be used to form a BPG Media identity. This will also allow BPG Media and Facebook and/or Google login to share your networks, user ID and any other information you choose to share according to your Facebook and/or Google account settings. If you remove the BPG Media app from your Facebook and or Google settings, we will no longer have access to this information.
Opting Out on Receipt of Email Marketing Communications: If you receive a marketing email from us, you will have the option to “opt-out” by clicking on the unsubscribe link provided at the bottom of each and every message we send you. Please be aware that this will not unsubscribe you from our service-based messages, such as subscription rewards and subscription reminders to fulfil your order.
Telephone and Mailing Preference Services: The Telephone Preference Service (TPS), the Corporate Telephone Preference Service (CTPS) and the Mailing Preference Service (MPS) allow you to choose to opt out of unsolicited marketing. However, if you are registered on any of the preference services, which are general opt-out registers, you may still receive marketing communications from us if you have given us your consent previously or if you subsequently give us that consent.
Marketing to Children: We do not knowingly collect personal information from children under the age of 16 for marketing purposes.
Using our websites from outside the UK: Our servers are situated in the EEA and when you submit your details and in whichever country you are situated you agree to the data being transferred to the EEA and processed under the terms of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 which stem from European Directives 95/46/EC and 2002/58/EC respectively. If you are not in agreement please do not add your personal details on the website.
Can I find out what personal information BPG Media holds about me? Under the Data Protection Act 1998, you have the right to request a copy of what information we hold about you and you may ask us to make any changes that you consider necessary to make the information accurate. We charge £10 for information requests and require you to satisfactorily identify yourself to demonstrate your entitlement to view this data. If you want to apply to see the data we hold about you, please write to: The Data Protection Officer, BPG Media, 1-6 Buckminster Yard, Buckminster, Grantham, Lincs NG33 5SB
What are ‘cookies’? A cookie is a small text file that we, and in certain circumstances third parties, place on your browser (for example, Internet Explorer or Safari) when you visit our websites or open some of our emails. Cookies are useful because, amongst other things, they allow us to recognise you each time you re-visit one of our websites. The entity that places cookies on your browser can then read the information on the cookie that it set.
Cookies are typically classified as either "session cookies" which do not stay on your device after you close your browser or "persistent cookies" which will usually remain on your device until you delete them or they expire.
Different cookies are used to perform different functions, which we explain below. A visit to any BPG Media website may generate the following types of cookie:
Site performance cookies
The information collected from these types of cookies may be used in conjunction with other information we or our third party partners hold in order to record specific browsing information (for example, regarding the way visitors arrive at our websites, pages viewed, options selected, information entered and the path taken through our websites but is generally not used to identify you individually). The data collected will generally be aggregated to provide trends and usage patterns for business analysis, site/platform improvement and performance metrics and to inform our advertising and marketing strategies. Our cookies, or the resulting analysis, may also be shared with our business partners. We may also receive similar information about visitors to our group company and other partner websites.
Cookies may also be linked with other information we hold or infer about you for these purposes. For example, if you are a registered user or provide us with your name, email address, social media log-in details or other contact information (e.g. by entering a competition or signing up to our newsletter) or interact with our email communications (e.g. by clicking on links within the emails), this information may be linked with your browsing activity across all your devices to tailor content, services, advertising and offers for you.
Third party advertising cookies
We also permit advertisers, ad network providers and ad serving companies to place cookies on our websites to allow them to show you advertisements both on and off our websites that are more relevant and useful to you. However, we do not share any information with these third parties that will directly identify you, although these third parties may assume that users who interact with or click on a personalised advertisement or content are part of the group that the advertisement or content is directed towards. The third parties that generate these cookies have their own privacy policies and we have no access to read or write these cookies.
Social media cookies
How we and third parties use web beacons: We may use and permit selected third parties to use web beacons (usually in combination with cookies) to compile aggregate information about your website usage and your interaction with email and other communications to measure performance and to provide content and advertisements that are more relevant to you. A web beacon (also called a web bug, clear GIF or pixel tag) can be embedded in online content, videos and emails, and allows a server to read certain types of information from your device, to know when you have viewed the beacon and the IP address of your device. The type of information collected includes, but is not limited to, information relating to advertising responses, page views, promotion views and purchases made. We will include web beacons in some of our promotional email messages and newsletters to determine whether the messages have been opened or acted upon and whether our mailing tools are working correctly. The web beacons may be used to recognise cookies generated by third parties and inform us and/or third parties of which advertisement or link brought you to our website, allowing us to monitor the efficacy of our business relationships with third parties.
Cookies: If you do not want your browser to accept cookies and use them in the ways described above it is possible to change your browser settings. It is also possible to delete existing cookies from your browser. However, blocking all cookies will affect your web experience and may result in some parts of BPG Media websites not functioning properly. Some cookies are designed to help save you time, for example, by remembering your contact details when you are making an order for the second time so that you will not have to complete the contact section again unless your details have changed.
For general information about cookies and their use, please visit: www.aboutcookies.org
Alternatively, you can turn off third party cookies relating to interest based advertising by visiting www.youronlinechoices.eu. However, this will not opt you out of receiving adverts altogether – it simply means that the adverts will not be targeted to you. Please note that there are many more networks listed on this site than we use on our websites.
Web beacons: As web beacons are the same as any other content request included in the recipe for a web page, you cannot opt out or refuse them. However, you may be able to disable web beacons in email messages by not downloading images contained in messages you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a web beacon or other tracking technologies in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider. Web beacons may also be rendered ineffective in some circumstances by opting out of cookies or amending your cookie settings in your browser. Further details on web beacons, and how to manage them, can be found here: www.allaboutcookies.org/faqs/beacons.html
Competition Entry Terms & Conditions
1. THESE TERMS AND CONDITIONS
1.1 These terms and conditions are our "General Terms" and they apply to every "Competition" that we, BPG Media, administer.
1.2 Each Competition will also have its own specific terms and conditions explaining how to enter, what the opening/closing dates are, what the Competition winner’s prize will be etc. These "Specific Terms" will be published in the relevant magazine and/or published on the website of the magazine that is promoting the particular Competition.
1.3 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 take precedence.
1.4 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.
1.5 By entering any Competition you are accepting that you will be legally bound by these General Terms and the applicable Specific Terms.
1.6 We recommend you print or save a copy of these General Terms 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 this will always be: BPG Media
2.2 Generally, BPG Media will be the Promoter of Competitions administered by our magazines, but if you are unsure you should check who the Promoter is in the Specific Terms.
2.3 If you have any concern in relation to any of our Competitions, you can contact us by:
a. first, contacting the publication which promoted the competition using the contact details provided in the Specific Terms; or
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Unless we impose a particular age limit for a Competition, they are open to all persons aged 18 and over who are resident in the UK at the date of their entry.
3.2 Where 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 applicable Specific Terms.
3.3 Certain Competitions may have additional eligibility requirements such as 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 BPG Media employees and their immediate families (and the employees of any third party sponsors, prize providers or their immediate families) may not enter any Competition.
4. ENTRY AND ENTRY METHODS
4.1 Premium rates: Some Competitions may be entered by premium rate calls or texts. We will clearly identify when this is the case and the following additional conditions will apply to such Competitions:
a. you should always have the bill payer's permission to enter using a premium rate method;
b. we will always state the amount of any additional cost to your normal cost of calling or texting as accurately as possible. However, network providers may charge varying amounts for these types of call, so the total cost of your call may be more than we state. We encourage you to check with your network provider;
c. invalid or unsuccessful entries made via these methods may still be charged. Entries that are submitted before lines open or after lines close will not be entered in the Competition but you may still be charged for your call or text
d. where entry is by telephone, entries that are submitted before lines open or after lines close will not be entered in the Competition but we cannot guarantee that entrants will not be charged for the call or text made.
e. where a Competition asks you to enter using SMS, you need to have a compatible phone and be using a network provider that permits text messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be sent to the correct number or short code and must include the correct keywords or other answer format set out in the Specific Terms. Entries, which fail to do, so will be invalid; we will always comply with the Phone-paid Services Authority (“PSA”) code of conduct in relation to premium rate competitions. PSA is the UK regulator of premium rate services and you can access their details here: http://psauthority.org.uk/for-consumers. Any data collected from entrants by PSA may be used by PSA for regulatory purposes.
4.3 Online Giveaway Competitions: are free to enter. You simply need to visit one of our participating websites and enter by following the on-screen instructions. You will be asked to give your email address and then click onto the ‘Enter This Giveaway’ button to enter the competition. Multiple entries are accepted for giveaway competitions on these giveaway sites. You will be asked to complete a question before entering your email address - this helps us to ensure that entries received are from true competition lovers and not from computer generated programmes otherwise known as 'robots.' We reserve the right to offer multiple giveaways simultaneously on our various websites. There is a limit of one (1) entry per person and/or email address per day, per URL on which the Online Giveaway is displayed. Online Giveaway Competitions are open to residents of the UK (including Channel Islands &Eire).
4.4 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, defamatory or which we consider to be otherwise harmful. 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, network congestion, loss in service of online entry mechanisms, computer error in transit or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry. We cannot enter into correspondence with entrants who experience difficulties with entering online.
4.5 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.
4.6 Names: 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.
4.7 Multiple Entries: Unless otherwise permitted pursuant to the applicable Specific Terms or unless it is an Online Giveaway Competition, 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. If we suspect that an individual has set up a fake email address and/or social media page to circumvent this rule, we reserve the right to disqualify all entries that we reasonably believe were generated by that individual.
4.8 Prize Limits: There is no limit on the value of a single prize that may be provided to the individual winners of a Competition. However, no person or persons at the same residential address may win more than one prize valued at £500 or more via any of our Competitions in any six (6) month period.
4.9 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 paragraphs 4.6 to 4.9 above, we may 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.
4.10 Inappropriate Behaviour: We reserve the right to disqualify an entrant, or to refuse or withdraw a Prize, if an entrant or a winner threatens or abuses one of our employees, or otherwise conducts themselves in a manner that we reasonably regard as inappropriate, offensive or unlawful.
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 prizewinners must accept prizes in the form offered. 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 prizewinners 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 prizewinner's contact details change, it is their responsibility to notify us or the contact person(s) detailed in the Competition’s Specific Terms.
5.5 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 prizewinner cannot provide us with proof of identity and/or address that is reasonably acceptable to us, we may withdraw the prize and select another prizewinner.
5.6 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 any relevant third party provider). Prizewinners 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.
5.7 Any tax or other charges 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.
5.8 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 prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.9 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 prizewinner. Any other arrangement will be at our discretion.
5.10 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.
5.11 Third party suppliers of prizes may also often stipulate their own terms; conditions or restrictions and all prizewinners agree to be bound by these. Subject to paragraph 19.2, BPG Media shall have no liability in relation to any prize provided by a third party provider.
6. HOLIDAY PRIZES
6.1 Due to their complexity, these additional terms apply to holiday prizewinners and (if the holiday is for the prize winner 'plus guest(s)') any travelling companion that accompanies the prizewinner on the holiday as their "Guest".
6.2 Unless otherwise stated in the Specific Terms, holiday prizes:
a. do not include insurance. It will be the responsibility of each prize winner (and, if applicable, each Guest that accompanies them) to take out at his or her 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 obtain;
b. consist of flights and accommodation only and do not include airport departure or government taxes, spending money, airport transfers or other expenses. These must be paid by the prize winner (and their Guests);
c. must be taken within six (6) months of the closing date of the relevant Competition or the prize will lapse; and
d. are also usually subject to the prize provider's terms and conditions, which will apply to the prize winner (and their Guests) as well.
6.3 It is the responsibility of the prize winner (and, if applicable, each Guest that accompanies them) to ensure their ability to travel to their holiday destination and return home and, in particular, to:
a. ensure that they have a valid passport endorsed with all relevant visas and with expiry date no less than six (6) months following the 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 reserve the right to refuse entry to prizewinners and/or their travelling companions;
b. check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination;
c. obtain any inoculation and comply with any health regulations required by any holiday prize destination country;
d. comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements; and
e. where the United States of America is a holiday prize destination, to apply for an Electronic System for Travel Authorisation (ESTA) for each person that is travelling. Applications must be submitted no later than three (3) days prior to the departure date. Should both the winner and their Guest(s) not lodge this form within this time, they will be ineligible to enter the United States of America and will therefore forfeit their holiday prize.
6.4 We will not be responsible for any loss or damage suffered by any prize winner (and/or any Guest that accompanies them) that arises out of their failure to arrive at any holiday destination or return home from any holiday destination, nor will we have any obligation to substitute an alternative prize, cash equivalent or other compensation where a prize winner (and/or their travelling companion) is unable to travel to any holiday destination or fails to redeem a holiday prize for any reason.
7. EVENTS 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 tickets.
7.2 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 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 prizewinner 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.
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 these periods to alternative prizewinners or not to award them at all.
8.3 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
9.2 If you are required to submit a third party’s personal information 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 details.
9.3 It is a condition of entry to all our Competitions that we have the right to publish the first name, hometown of Competition entrants and winners.
9.5 Entrants, particularly prizewinners, 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. 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.
9.6 No fees shall be payable to any entrant in relation to the use of publicity materials.
10. PHOTOGRAPHS AND VIDEOS
10.1 If a Competition requires entrants to submit a photograph and/or video clip to enter or participate in a Competition:
a. entrants warrant that they are the person in the photograph or video and/or they have prior consent from all persons in the photograph or video to submit it 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 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 or video in our sole discretion;
d. entrants agree that we have the right to use names, likenesses and other personal information submitted in conjunction with the photograph or video;
e. entrants agree not to bring any actions, suits, claims and demands against us in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photograph or video;
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 the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).
11. PRIZE DRAWS
11.1 Where any prize is awarded via a prize draw, prizewinners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition closing date.
11.2 If we become aware that the same person has been selected as a prizewinner 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 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 BPG Media, 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.
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 exploit the same our absolute discretion.
13.1 If any prizewinner 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 prizewinner's parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prizewinner'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 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.
14. 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.
15. 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.
16. TERMINATION OF COMPETITION
BPG Media 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.
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 person will be entered into.
17.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an 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
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.
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 prizewinner 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 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 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.
1. USE OF WEBSITE
This is website ("site"), is a website owned and operated by BPG Media ("BPG", "we", and "us").
Certain parts of our site may require you to register and provide certain information about yourself and where you do this you agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and
3. COMMUNITY FEATURES
Our site may, from time to time, provide you with certain interactive community features, provided by our third party affiliate companies (such as Facebook or Twitter, "Partners"), which enable you to upload and share comments about a particular news story or photograph. Before you will be able to use these community features and upload your comments, you may need to register with one of our Partners and each time you use those community features, you will need to be logged into your account with the Partner. We will do our best to make it clear on our site when community features are provided by our Partners and not by us.
4. INTELLECTUAL PROPERTY RIGHTS
5. YOUR CONTENT
"User Content" means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to our site by any user.
Whenever you upload User Content to our site, or to make contact with other users of our site, you must comply with the Rules of Acceptable Use, set out below. You warrant that any such contribution does comply with those rules and standards, and you indemnify us for any breach of that warranty.
With respect to User Content that you upload, share or submit to our site, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content worldwide and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge that your User Content may be made available with advertising and/or sponsorship.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content you upload, share or submit, even if the User Content is modified, altered or changed in a way, which is not agreeable to you.
When you upload, share or submit User Content using our site you may be making your User Content available to the general public. This means that both non-registered and registered users may be able to view and access your User Content. Please do not upload your User Content if you do not want it to be available to the general public.
You warrant to us that:
iii. any User Content you upload, share or submit using our site complies with the Rules of Acceptable Use set out below; and
iv. Your User Content (in whole or in part) does not defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.
6. RULES OF ACCEPTABLE USE
Comments, message boards, personal profiles and any discussion forums or pages of our site where you are capable of posting material (including User Content) are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of our site that is inconsistent with those stated purposes is strictly prohibited.
Your use of these forums and our site generally is subject to the following rules which, by your use of the forums and the website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
You must not:
i. use obscene or offensive language or post obscene or offensive User Content;
ii. upload, share or submit any User Content which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate;
iv. upload, share or submit any User Content on our site which has been disclosed to you in confidence or which, by its nature, is confidential;
v. upload, share or submit any User Content on the website (including contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone other than yourself;
vi. upload, share or submit any User Content which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
vii. upload, share or submit User Content belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it;
viii. upload, share or submit User Content where the use by BPG Media, or any third party licensed or permitted by BPG Media, will give rise to any third party claims;
ix. directly or indirectly suggest any endorsement or approval by BPG Media of a product, service, content or any belief or opinion expressed within a product or service;
x. place any links on our site where those links take users to unlawful material or material that otherwise contravenes these Rules of Acceptable Use;
xi. place on our site advertisements nor make commercial solicitations nor use our site for any commercial purposes (which would include using our site to promote or encourage the sale of your goods/services);
xii. register or attempt to register as a member of our site unless you are at least 13 years old.
xiii. use our site to solicit information from anyone under the age of 18;
xiv. impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;
xv. upload, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
xvi. alter, adapt, modify, copy or create a derivative work from the Content; or
xvii. upload, share or submit any User Content that authorises, enables or encourages the dissemination of junk mail or chain letters.
BPG Media accepts no responsibility for any statements, material (including User Content) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using our site, for any reason whatsoever.
8. YOUR PERSONAL DATA
Please note, as discussed at section 3, when you register with one of our Partners to use certain community features on our site, your Personal Data is submitted to the relevant Partner, not to us.
9. LINKING TO OUR WEBSITE
10. FEEDS TO OTHER WEBSITES/RSS
If you operate your own website, you can display the latest headlines from other websites on your own site using RSS.
We encourage the use feeds as part of your website, provided that the proper format and attribution is used when any BPG Media content appears. For example the attribution text should read "fieldsportsnews" as appropriate. You may not use any BPG Media brand or a BPG Media logo or other BPG Media trademark alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
11. THIRD PARTY LINKS
Third party links do not imply that BPG Media endorses, is affiliated or associated with any linked website, or is legally authorised to use any intellectual property accessible through such links.
If you have a complaint about editorial content on this site or contained in any print magazine to which this website relates, you should write in the first instance to our address at the top.
Any complaints should always outline the subject of your complaint and in the case of complaints relating to a webpage (if possible) include a link to where the webpage which is the subject of your complaint may be easily located.
Please note that we do not view, edit or pre-screen contributions to our site (including User Content). Consequently, comments, reviews and/or feedback (“Comments”) relating to you, may be published on our site and could be critical or defamatory. We assume no responsibility or liability for any Comments or User Content uploaded or published by users.
We have the right (but not the obligation) at our sole discretion to refuse or remove any Comments, User Content or other material that is uploaded, shared, submitted or posted to the forums of our site without the need to state our reasons for doing so.
13. NOTICE AND TAKEDOWN
i. that you are the rights owner or are authorised to act on the rights owner's behalf;
ii. that you have identified User Content on our site which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the User Content in the manner complained of is not authorised by you, the rights owner's agent or by law;
iii. a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details;
iv. a description of the way in which the copyright material has been infringed;
v. information reasonably sufficient to permit us to locate the User Content in question on our site (including a URL specifying the date our site was accessed and/or a screen shot);
vi. information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
vii. your electronic or physical signature (which may be a scanned copy); and
viii. that the information in the notification is true and accurate.
This 'notice and takedown' procedure is regulated by statute. There may be negative consequences if you falsely allege User Content is infringing copyright or send a copyright infringement notice to us in bad faith. We recommend that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the User Content, or whether there has been an infringement of your rights.
We have a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer is a user who has submitted two or more items of User Content for which BPG Media receives a copyright infringement notice in accordance with this section. If your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a breach of this clause.
14. TERMINATION AND SUSPENSION
Notwithstanding the above, we will try to warn users that their access to our site and/or their membership may be suspended or terminated.
You use our site and the services offered by us at you own risk. Our site, the Content, the User Content and other services offered by us are provided "as is" and on an "as available" basis. The content and information displayed on our site is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our site, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, BPG Media (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our site, including, without limitation, any liability for:
i. loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
ii. wasted management or office time; and
iii. any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
a. death or personal injury caused by our negligence;
b. the tort of deceit; or
c. any other liability, which cannot be excluded or limited under applicable law.
19. EXCLUSION OF THIRD PARTY RIGHTS
20. ENTIRE AGREEMENT
21. LAW AND JURISDICTION