COMPETITIONS and PRIZE DRAW TERMS AND CONDITIONS
1. These terms and conditions are the Competition Rules ("Rules") and apply to competitions ("Competition") featuring in any Smart Garden Products Ltd publications and/or on any Smart Garden Products Ltd Internet or Social Media site unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
2. Smart Garden Products Ltd reserves the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside Smart Garden Products Ltd’s reasonable control. Any changes will be posted within these terms and conditions.
3. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.
Qualifying Entrants
4. To qualify to enter the Competition you must be resident in the United Kingdom, Republic of Ireland and/or the Isle of Man. The address you provide with your competition entry ("Entry") may be used to send any prizes so please make sure this is correct.
5. Smart Garden Products Ltd assumes that by reading the publication or by using the website or social media site and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules.
6. Smart Garden Products Ltd reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
7. In the event that any entrant is disqualified from the Competition, Smart Garden Products Ltd in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
Competition Entries
8. Only one entry per person per Competition is allowed (except where the Competition Notice states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified. Unless otherwise indicated photocopies of entry coupons are not accepted. Where a winner has been selected and Smart Garden Products Ltd discovers or has reasonable grounds to believe the winner has made more than one Entry, Smart Garden Products Ltd reserves the right to select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.
9. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.
10. There is no purchase requirement to enter an online Competition. There is no charge to register with a Smart Garden Products Ltd website if registration is required as part of the entry process.
11. Proof of posting or emailing cannot be accepted as proof of delivery. Smart Garden Products Ltd cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to Entries, or Entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
12. Entrants should note that unless stated otherwise, Smart Garden Products Ltd does not accept responsibility for the return of any Entries, including those consisting of artistic or other material.
Prizes
13. Prize winners will be chosen at random, unless specified otherwise in the Competition Notice, from all qualifying Entries within 28 days of the closing date specified in the Competition Notice. In all matters, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.
14. Prize winners will be notified in the manner and within the time specified. Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published in the Smart Garden Products Ltd publication or online site in which the competition appeared and on the relevant publication’s website.
15. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
16. Prizes are non–transferable and there is no cash alternative. Smart Garden Products Ltd reserves the right to substitute prizes of equal or greater value at any time.
17. Prizes are awarded at the discretion of Smart Garden Products Ltd and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
18. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. Smart Garden Products Ltd reserves the right to request written proof of age of any winner.
Intellectual Property Rights & Use of Entries
19. Smart Garden Products Ltd does not, unless we agree this with you, claim any rights of ownership in your Entry. As such, you retain ownership and copyright, although Smart Garden Products Ltd will be able to use Entries as set out in the Rules, you will also have the right to use your Entry in any way you choose. Where any Entry is to be used in a different way (e.g. we are asking to own this) this will be made clear in the Competition Notice and you will then be able to choose whether to enter the Competition.
20. In consideration of Smart Garden Products Ltd agreeing to consider entrants to the Competition, each entrant hereby agrees that Smart Garden Products Ltd (and third parties authorised by Smart Garden Products Ltd) may make any and all Entries available in their publications and on their websites and any other media, whether now known or invented in the future. You now grant Smart Garden Products Ltd (and third parties authorised by Smart Garden Products Ltd) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to use, display, publish, transmit, copy, make derivative works from, edit, alter, store, re-format, sell and sub-licence the Entry for such purposes.
21. Smart Garden Products Ltd does not guarantee to use or otherwise make available any Entry. Smart Garden Products Ltd may, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
22. Your entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Smart Garden Products Ltd reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
Liability
23. Smart Garden Products Ltd cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. Smart Garden Products Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation in the Competition. Nothing shall exclude Smart Garden Products Ltd’s liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
24. Winners may be requested to take part in promotional activity and Smart Garden Products Ltd reserves the right to use the names and addresses of winners in any publicity both in publication and online.
25. Any personal data relating to entrants will not be disclosed to a third party without the individual’s consent. Please see the Smart Garden Products Ltd Cookie and Privacy Policy for further details. Data relating to entrants will be retained by Smart Garden Products Ltd for a reasonable period after the Competition closes to assist Smart Garden Products Ltd to operate competitions in a consistent manner and to deal with any queries on the Competition.
26. By providing Smart Garden Products Ltd with your personal data you consent to Smart Garden Products Ltd transferring your personal data to countries or jurisdictions which do not provide the same level of data protection as the UK. If Smart Garden Products Ltd does make such a transfer it will, if appropriate, put a contract in place to ensure that your personal data is protected.
Jurisdiction
27. The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. Where the site and/or the Interactive Services are accessed from Scotland or Northern Ireland, this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.
