- Definitions and introduction
1.1 In these Competition Terms and Conditions the following words and phrases shall have the following meanings (and, where applicable, the singular shall include the plural):
“Competition” means the poetry competition organised by the Department of English and Languages, Coventry University, titled “The Fred Holland Poetry Collection Award”;
“CU” means Coventry University, a Higher Education Corporation, whose principal place of business is at Priory Street, Coventry, West Midlands, CV1 5FB;
“employee” shall include employees, agents, contractors or any other person engaged to provide a service to Coventry University;
“Entrant” means any person who enters the Competition;
“Family Member” means a spouse, partner, close blood relation or spouse of a close blood relation;
the words “include ” and “including ” shall not be interpreted as limiting the generality of any preceding words;
“Intellectual Property Rights” means any trade marks, copyright, moral rights, performer’s rights, confidential information, trade secrets and all or any other intellectual or industrial property rights, both registered and unregistered anywhere in the world, including any renewals and extensions and including any such rights discovered or invented after the date of this Agreement;
“Prize” means the prize offered in the Competition;
“Terms” means these Competition Terms and Conditions
“we ”, “us ” and “our ” means CU;
“you” means an Entrant in or winner of (as the case may be) the Competition.
1.2 The Competitions will be subject to these Competition Terms and Conditions.
1.3 We may add to, amend or vary these Competition Terms and Conditions from time to time, at our discretion.
1.4 You agree to co-operate with and comply with all reasonable requests made by us in connection with any Competition.
- Eligibility and Entry Criteria
2.1 In order to make a valid entry into the Competition you must be a student enrolled at CU in the academic year 2014/2015. You may only make only one entry. You may only enter a competition if you are a resident of the United Kingdom or Isle of Man.
2.2 No multiple, bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We shall disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods including multiple entries from the same IP address or telephone number.
2.3 In order to enter the Competition entries must be submitted by email with the title subject heading “The Fred Holland Poetry Collection Award – Submission”. The entry must be contained in the main body of the email itself. Entries sent as attachments to an email will not be considered. The email address for entries is firstname.lastname@example.org. You should also state your legal name, your student ID number, your course and the title of your entry.
2.4 We reserve the right, in our sole discretion, to decide whether or not eligibility criteria have been met. Breach of any of the criteria contained in this Clause 2 may result in your disqualification from a Competition and/or the withdrawal of the Prize.
3.1 If you win the prize, we will notify you within 28 days of the end date of the Competition. If you fail to claim the Prize within 30 days of receipt of notification that you have won, or fail to comply with any other instructions or time-limits notified to you, you will forfeit your right to the Prize and your claim will be invalid.
3.2 We reserve the right, at our absolute discretion, to request certain evidence relating to your Competition entry including proof of identity, age and address. Please ensure you have given us your correct address so that we can send your Prize to you. We may request that you provide an in-studio recording to compare to your on-air win as proof of your vocal identity.
3.3 All Prizes are non-transferable and may not be given, assigned or sold to another person.
3.4 Prizes cannot be exchanged for other alternatives except by us in accordance with clause 8.1.
3.5 You will not be entitled to receive a Prize which, for any reason, you would be prohibited by law from purchasing, using or owning.
3.6 No fee is payable to you in respect of your involvement in the Competition.
- Health and Safety
4.1 Your entry or participation in a Competition and/or Prize is at your own risk and your health and safety is your own responsibility.
- Confidentiality and Publicity
5.1 You agree to participate, at our request, in publicity (including interviews) and you agree that we own all Intellectual Property Rights in, and may use at our absolute discretion, such publicity/interviews. We may refer to your association with the Competition and/or the Prize in all publicity, marketing and materials.
- Intellectual Property Rights
6.1 By entering the Competition you: (i) confirm the grant by you to us of a non-exclusive, worldwide, perpetual, royalty free licence in the Intellectual Property Rights in the Competition entry, (ii) waive any moral rights and like rights you have in relation to the Competition entry so that we shall be entitled to use the Competition entry in any and all media at no cost to us and (save that we shall identify you as to the author of the Competition entry in any publication), and (iii) warrant to us that the Competition entry:
6.1.1 is owned and controlled by you and that you have the right, power and authority to grant the rights set out in these Terms;
6.1.2 will not infringe the Intellectual Property Rights , privacy or any other rights of any third party;
6.1.3 will not contain anything which is untrue, defamatory, obscene, indecent, harassing or threatening;
6.1.4 do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
6.1.5 is not obscene or pornographic;
6.1.6 do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
6.1.7 is free from any encumbrances such that we may use the Products in accordance with and in the manner set out in these Terms.
6.2 For the avoidance of doubt, all rights relating to the Competition (including the name, title and format of the Competition) will vest exclusively in CU for our own use (in our absolute discretion).
6.3 Unless otherwise stated, Competition entries will not be returned to you.
7.1 We reserve the right (without accepting any liability or giving you any compensation) to disqualify you from a Competition and/or withhold or withdraw a Prize (or seek compensation from you therefor) if (in our opinion, which shall be final):
7.1.1 you are in breach of the Terms or any of your obligations, representations and/or warranties under this Agreement;
7.1.2 your conduct is inappropriate or contrary to the spirit or intention of the Terms or of the Competition;
7.1.3 you have committed or undertaken any fraud, dishonesty, deceit, misconduct or similar action including providing any false or incorrect information (including for the avoidance of doubt attempting to submit a Competition entry which is copied from another source and/or attempting to pass of another person’s work as your own);
7.1.4 your act(s) or omission(s) might have an adverse effect on the Competition or CU;
7.1.5 it is in our best interests to do so.
7.2 Entries that are incomplete, indecipherable, corrupt, late or otherwise not in accordance with entry instructions will not be accepted.
7.3 In the event of your disqualification from the Competition/Prize:
7.3.1 we reserve the right to select another Entrant to take part in the Competition/receive the Prize; and
7.3.2 you may be required to pay any costs incurred.
- Cancellation of the Competition
8.1 We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence a Competition with immediate effect without any liability to you. In such an event this decision will be announced on blogs.coventry.ac.uk/coventrywords/ and by email to Entrants who have submitted an entry at the time of cancellation, delay and/or recommencement of the Competition. If we cancel the Competition after you have claimed the Prize, we will use our reasonable endeavours to offer you the Prize, but should that not be possible for any reason we reserve the right to offer an alternative prize. If we offer you an alternative Prize but you do not accept it, you shall have no claim against us.
8.2 We may cancel a Competition if we believe we have good reason to do so, including if there have been any errors in the preparation for, or the conduct of, the Competition materially affecting the result of the Competition.
- Exclusion of liability/indemnity
9.1 Nothing in the Terms excludes our liability for:
9.1.1 death or personal injury arising out of our negligence or the negligence of our employees;
9.1.2 fraud or fraudulent misrepresentation by us or our employees; or
9.1.3 any other liability that cannot be excluded or limited by law.
9.2 Without prejudice to the provisions of Clause 9.1, we exclude all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment (other than any costs and expenses specifically provided for in the Competition and/or Prize) including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by you howsoever arising in connection with the Competition and/or Prize.
9.3 Without prejudice to the provisions of Clause 9.1 and subject to the provisions of Clause 9.2, we shall have no liability whatsoever:
9.3.1 in the event of any delay in receipt of entries, or of entries not received by us as a result of network incompatibility, technical faults or for any other reason;
9.3.2 for any person not being able to enter a Competition for any reason, including system failure, error, hacks on the system or personal computer issues;
9.3.3 for any losses suffered by you in submitting data to us;
9.3.4 for the Prize being lost, delayed or otherwise not received by you.
9.4 The decision of our judges is final and conclusive in all circumstances and no correspondence will be entered into.
9.5 You agree to indemnify us and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by us arising as a result of a breach by you of your obligations under the Terms or in any way in connection with your failure to follow our reasonable instructions with regard to your entry into the Competition or taking of any Prize.
- Force Majeure
10.1 We shall not be liable to perform any of our obligations under the Competition or in respect of the Prizes where we are unable to do so as a result of unforeseen circumstances or circumstances beyond our reasonable control and whilst we may (but shall not be obliged to) endeavour to provide an alternative Prize of equal value, we shall not be liable to compensate you in such circumstances.
11.1 You agree you will not by any act or omission do anything, which might bring us into disrepute or affect the reputation of CU.
11.2 The Terms shall be governed and construed in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the Courts of England.
11.3 The terms represent the entire agreement between you and us relating to the Competition and/or the Prize and supersede any prior representations, agreements, negotiations or understandings (whether oral or in writing). No variation of the Terms is effective unless approved by an authorised representative of CU in writing.
11.4 Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded.
11.5 The invalidity, illegality, or unenforceability of the whole or any part of the Terms does not affect or impair the continuation in force of the remainder of the Terms.
11.6 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
11.7 This Agreement does not create any right or benefit enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).