TERMS & CONDITIONS:
Discovery Promotion Terms and Conditions ('Terms') The following Terms form the promotion information for the Asteroid Day Competition ('Promotion'). 1. These Terms are entered into by Discovery Communications Europe Limited ('Promoter') and the entrant. 2. By entering this Promotion, the entrant will be deemed to have read and understood these Terms and to have agreed to be bound by them. If the entrant does not agree with any of these Terms, they should not enter the Promotion. 3. The Promotion will run from 13:00 on Thursday 2 June 2016 and closes on 23:59 on Friday 1 st July (BST). Entries received after this time will not be valid for entry into the Promotion. Entries or claims that are incomplete or late or those not in accordance with all the entry instructions are invalid. 4. Eligibility 4.1 Entrants must meet the eligibility requirements as specified herein. Failure to meet the eligibility requirements may result in an entry being invalid and/or forfeiture of any prize. 4.2 The Promotion and its prize(s) are open and available to residents aged 18 years or over, excluding employees of the Promoter and their immediate families, the Promoter's agents or anyone professionally associated with the Promotion. 4.3 It is the entrants’ responsibility to ensure that they are aware, and abide by, any additional laws and regulations as required by their country in order to enter the Promotion. 4.4 Entrants must be eighteen (18) years old and over. Proof of identification and age may be required at the request of the Promoter. If under the age of eighteen (18), the entrant cannot participate in the Promotion. If an entrant under the age of eighteen (18) enters the Promotion, the entry will be disqualified. If a person above the age of eighteen (18) enters the Promotion on behalf of a person below the age of eighteen (18), they will be deemed to be the individual participating in the Promotion. 4.5 By entering, the entrants agree that receipt of any prize is conditional upon the entrant providing personal data within a timeframe and in a form as required by a third party for the purposes of prize fulfilment only. More details can be found on the Promoter’s website (http://www.discoveryuk.com/privacy-policy/). 4.6 By entering, the winners agree to participate in any publicity or promotional activities as may be reasonably required by the Promoter with no recompense. Further the Promoter reserves the right to use the names and counties of winners in any publicity relating to the Promotion. 4.7 No purchase is necessary to enter the Promotion. 4.8 The Promoter will not accept entries that are: 4.8.1 automatically generated by computer; 4.8.2 completed by third parties or in bulk; 4.8.3 illegible, have been altered, reconstructed, forged or tampered with; or 5. Method of Entry: 5.1 The Promotion can be entered online at www.yourdiscoveryscience.com and entrants must answer a series of questions. Five questions will be yes o questions (the 'Entry Questions'), with a final creative writing question answering ‘How I would spend my last day on earth’ (the 'Decider Question'). 5.2 If entrants answer all the Entry Questions correctly, they will be entered into the Promotion and the winner will be selected on the basis of their answers to the Decider Question, as independently judged in accordance with the criteria laid out in clause 7.1 below. 5.3 Entrants will receive confirmation once their entry has been successfully submitted. 5.4 Each entry is subject to approval by the Promoter at their absolute discretion. 5.5 Any entry that is deemed as offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information will not be granted approval and will therefore be excluded from the Promotion. 5.6 The Promoter accepts no liability for entries not successfully completed due to a technical fault (technical malfunction, computer hardware or software failure, satellite, network or server failure, network incompatibility) of any kind. The Promoter accepts no responsibility for any entries which are not completed for any reason. Proof of submission of entry is not proof of receipt of entry. 5.7 All entries will be moderated to ensure they meet the criteria set; any not meeting the minimum criteria will be disqualified. 5.8 One entry per person will be eligible to win. 5.9 Entrants who do not give correct details or those who make an entry on someone else’s behalf will be disqualified, at the Promoter’s discretion. No entries from agents, third parties, organised group or entries automatically generated by computer will be accepted. No bulk entries. 6. The Prize 6.1 One winner and their guest will receive a trip to the European Space Agency Research and Technology Centre in the Netherlands ('ESA'). The prize includes the following: 6.1.1 Return travel for two (2) to Amsterdam; 6.1.2 Two (2) nights’ accommodation at a four (4) star hotel in Amsterdam; 6.1.3 Return transfers from the airport to the hotel; 6.1.4 Breakfast for two (2) people at the hotel each morning; 6.1.5 Return private transfers from the hotel to ESA; 6.2 Departure airport used will be dependent on the direct availability from the winner’s nearest available international airport, which may not necessarily be the closest. 6.3 In the event that the cost of the flights means that the total Prize value exceeds [£5,000] any portion of the cost of the Prize above [£5,000] shall be at winner’s expense. In this event Promoter shall use best endeavours to identify the cheapest possible flight costs. Winner will be notified of any such excess costs and shall have the right to accept or forfeit the Prize. 6.4 The Prize must be taken by 31 December 2016. Travel will be subject to availability and blackout periods determined by Promoter or the travel service provider in its sole discretion. The Prize may be supplied by a third party rather than directly by the Promoter. 6.5 Any plane tickets which may form part of the Prize will not qualify for air-mile programmes of any airline company. Once the plane tickets have been issued, they will not be modified except by the Promoter. The Prize may not be combined with any other promotions or special offers. 6.6 The winner and their guest must abide by and are subject to the Airline’s published Conditions of Carriage. 6.7 The winner and guest must travel together in all instances, on the same dates and time, take the same flight and share the same room in all provided accommodation. The winner will forgo the Prize in totality if the winner fails to attend the scheduled flight, and the Promoters and any prize providers shall have no further obligation to the winner. The Promoters and any prize providers have no legal obligation to the winner’s guest, and the winner is responsible for his/her guest at all times, including ensuring that the guest is present and on time for all scheduled travel. The winner shall be solely responsible for any other expense incurred by the winner and/or guest, which has not been expressly undertaken by the Promoter in these terms and conditions, including but not limited to, visas and passports expenses and fees, airport taxes, applicable personal taxes arising in any jurisdiction, vaccination expenses, travel and all other types of insurance, travel authorisations, additional trips, country entry and exit fees and taxes, tips, personal expenses, food and beverages and any entrance fees for local attractions. 6.8 The winner will not be eligible for the Prize if the winner is not able to secure the necessary travel documents, such as passport and/or visas, for any reason whatsoever, in time for scheduled travel. There shall be no replacement or substitute prize or any other form of compensation, and the Promoter may in its sole discretion determine whether to select another Prize winner. 6.9 The hotel will be minimum four stars and will be based on two people sharing a twin or double room (winner’s choice) with en-suite bathroom. 6.10 The winner and guest agree that they undertake the trip stated in the Prize at their own risk. The winner understands that the Prize is being made available to the winner and guest on condition that the winner will hold safe the Promoter from any claims or liability arising from any loss or damage, injuries, illness, loss or expenses arising from the trip or any part of the Prize. 6.11 Personal expenses, visas and travel insurance are not included as part of the Prize. 6.12 The Prize is non-exchangeable, non-transferable and non-refundable and there is no cash alternative in whole or in part unless otherwise stated. 6.13 The Promoter shall not be liable for any Prizes which are lost, delayed or damaged in the post or otherwise not received by the winner. 6.14 Please allow up to 28 calendar days for the confirmation of the Prize booking from the date of winner acceptance. 7 Winner Selection otification 7.1 A winner will be selected by an independent judge based on the creativity of answers to the Decider Question, as decided by the sole discretion of the judge. Selection of the winner will be based on the following criteri 7.1.1 How creative their entry is; 7.1.2 How interesting their entry is; and 7.1.3 How relevant their entry is to the theme of the Promotion. 7.2 The winner will be notified by email or telephone (using details provided at entry) within twenty-one (21) calendar days of the completion closing. If a winner does not respond to the Promoter within seven (7) calendar days of being notified by the Promoter, then the winner's prize will be forfeited and the Promoter will be entitled to select another winner in the same manner. 7.3 The winner of the Prize will be required to comply with the laws, regulations and customs the winner’s country of residence, host countries, and conditions stipulated by prize providers. 8 Intellectual Property Rights 8.1 By entering this Promotion, entrants agree that all intellectual property rights will vest in Promoter. 8.2 Entrants agree to indemnify Promoter against any losses Promoter incurs as a result of any content they have provided which infringes a third party’s intellectual property rights. 8.3 Entrants and specifically the winner of the Prize irrevocably agree that the ownership of all intellectual property rights of their entry, including but not limited to copyrights, shall belong exclusively to Promoter and are hereby assigned to Promoter worldwide and in perpetuity. As one of the conditions for confirmation of a winner of the Prize, and entry to the Promotion, an entrant shall, if required by the Promoter, execute any such documents as may be necessary to evidence or secure to the Promoter the rights granted under this paragraph. 8.4 Entrants understand and agree that their entries may be translated from their submitted language to English for the purposes of judging. Any translations will be taken into consideration when judging. 9 General 9.1 The Promoter reserves the right to verify all entries including but not limited to asking for address and identity details (which the entrant must provide within fourteen (14) calendar days) and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these Terms or any instructions forming part of this promotion’s entry requirements or otherwise where a participant has gained unfair advantage in participating in the Promotion or won using fraudulent means. The Promoter will be the final arbiter in any decisions and these will be binding and no correspondence will be entered into in relation this clause. 9.2 Winners’ names and countries will be available on the www.yourdiscoveryscience.com website two (2) months after the closing date. Where required, Promoter will seek winner’s consent. 9.3 The Promoter reserves the right to terminate or modify the Promotion, modify these Terms prior to the closing date, vary details of the prize, or substitute a prize of equivalent value should unforeseen circumstances require it. 9.4 [The prize is supplied by The NDL Group. 9.5 Entrants should send any questions regarding the Promotion or their entry to asteroidday@discovery.com 9.6 In the fullest scope admitted by generally binding provisions of local law: 9.6.1 The Promoter shall not be liable for any damage, loss, injury or disappointment suffered by any participant 9.6.2 The Promoter shall not be liable for any problems or technical malfunction of any computer on-line systems, entering the Promotion or as a result of accepting the Prize. 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, or at any website, including any injury to or resulting from participation or downloading of any materials in the Promotion. 9.6.3 However, nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence. 9.7 The Promotion is, to the fullest extent permitted by the local laws of the territory of the entrant, governed by English law and jurisdiction. 9.8 Under English law, the Promoter shall not be liable to pay any tax on the Prize. If any applicable taxes are due on any element of the Prize such taxes shall be paid by the winner, to the fullest extent permitted by the law of each applicable jurisdiction. It is the responsibility of winners to report their Prize to the relevant authorities and to pay any applicable tax or duties including without limitation custom duty and related taxes, if and when applicable. 9.9 In the event of any dispute the decision of the Promoter is final and no correspondence will be entered into. 9.10 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms. 9.11 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. Promoter’s details: Discovery Communications Europe Limited, Discovery House, Chiswick Park Building 2 London W4 5YB, United Kingdom. Company number: 05039068.
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