“Pet of the Week” Promotion Terms and Conditions
(“Terms and Conditions”)
Turner Broadcasting System Europe Limited, a company, with its registered office at WarnerMedia UK, 160 Old Street, EC1V 9BP, London, United Kingdom, registered as company number 01927955 (hereinafter “Promoter”), which produces the television channel currently named Boomerang (hereinafter the “Channel”), is hosting Bugs’s Pet of The Week (the “Promotion”) on the website with the URL http://www.boomerangtv.co.uk/animals (the “Site”).
The Promotion will launch on 1 April 2019 and shall continue until Promoter terminates it in its absolute discretion by giving users appropriate reasonable notice on the Site.
HOW CAN YOU PARTICIPATE?
The Promotion is open to all residents of the United Kingdom of Great Britain and Northern Ireland, , who have internet access throughout the duration of the Promotion except that employees of Promoter and their respective parent, subsidiary, affiliated or associated companies, its and their agents and immediate families and anyone else professionally connected with the Promotion (the “Released Parties”) are not eligible to participate.
All entrants must be over 16 and must agree to these Terms and Conditions.
Use of any automated means to enter the Promotion will result in disqualification.
Entries are online and free and should be made in accordance with the instructions given for the Promotion via the Site. All users under 16 must have their parent/legal guardian entering on their behalf.
Entrants should ensure that only the pet is visible in the submitted video and/or image. Entries featuring any other person (visible or audible) will not be deemed to be valid entries.
By submitting an entry, entrants confirm that all information given is complete, accurate and not misleading. Promoter reserves the right, in its sole discretion, to reject any entry at any time in the event it is determined that the entrant has not complied with these Terms and Conditions Terms or has acted in an unsportsmanlike or disruptive manner or where the video or image is not otherwise suitable to be used. The Released Parties are not responsible for misdirected, incomplete, lost, late, illegible, undeliverable entries, technical, hardware, or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect an entrant’s ability to participate in the Promotion. The Released Parties are not responsible for other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Promotion, including without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prize or in any Promotion-related materials. The Released Parties do not guarantee that the Site and/or game will not contain IT faults, or that faults identified will be remedied; nor can they guarantee that the Site and/or sites to which the Site links do not contain viruses or other components which may cause damage to entrants’ computer equipment and/or data. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Promoter’s control, which corrupt the integrity, administration, security or proper operation of the Promotion, Promoter reserves the right, in its sole discretion, to modify, cancel or suspend the Promotion (or a portion thereof).
ENTRANT MATERIALS, DATA and INTELLECTUAL PROPERTY RIGHTS
As part of the Promotion, at the point of entry entrant must
together, being the “Entrant Materials”
((a) and (b) together being the “Entrant Details”).
The entrant agrees and acknowledges that that the approved image or video entry of each submission may be featured on the Channel, and/or associated websites (including the Site) and on all relevant social media websites and/or accounts relating to the Channel (including but not limited to PopJam, Instagram, Facebook and YouTube), in whole or in part, in either a single form or compilation featuring other entries. The entrant also agrees and acknowledges that the entrant’s child’s name and age may also be featured alongside the approved image or video entry. The decision as to which images or video entries will be featured on the Site, Channel, associated websites and/or social media accounts is the sole decision and responsibility of Promoter.
Entrants acknowledge that the video and or image entry may, at Promoter’s sole discretion, need to be edited, amended or modified and grant Promoter the right to make such editions, amendments or modifications.
Where Entrant Details have been validated and approved by Promoter, the Entrant Materials that were submitted by the entrant will be able to be viewed on the Site for a period of up to twenty-four (24) months. In line with this, entrants agree that Promoter has the right to use and retain the Entrant Materials for a period of twenty-four (24) months (“Retention Period”), notwithstanding the fact that Promoter may get in touch with an Entrant at some time during the last three (3) months of the Retention Period requesting to use the Entrant Materials submitted by that Entrant for an additional period of two (2) years; for the avoidance of any doubt, it is at such entrant’s sole discretion as to whether they wish to grant Promoter permission to use the Entrant Materials for such an additional period of two (2) years.
If an Entrant wishes for the image or video entry that they have submitted as part of the Entrant Materials to be removed from the Site, they can have such image or video entry removed by emailing firstname.lastname@example.org by providing the name that was given along with the Entrant Details when submitting that image or video entry; the Promoter will remove the image or video entry as soon as reasonably possible after receiving such an email request.
Entrants agree that entrants are not entitled to any payment, credit, notice attribution, or other compensation or consideration for any uses of Entrant Materials by Promoter, or any derivative works created from the image or video entries.
By submitting Entrant Materials, entrant grants to Promoter, its licensees, distributors, agents, representatives and other authorized users, an unlimited, worldwide, perpetual and irrevocable, assignable, royalty-free right to use the submitted Entrant Materials, and/or any part thereof, including the first name and age of the entrant’s child, on the Channel, on the Site and/or any social media pages and/or accounts relating to Boomerang and/or owned and/or operated by Promoter or its affiliates in the manner contemplated by these Terms and Conditions.
The entrant by submitting the Entrant Details, confirms that
He or she has all the rights and permissions to use, and permits Promotor to use the Entrant Materials in the manner intended by this Promotion and these Terms and Conditions
GENERAL TERMS AND REGULATIONS
The Released Parties expressly disclaim any responsibility for any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in this Promotion (regardless of the cause of such injury, damage or loss), Promoter’s use of any footage and/or the delivery and/or subsequent use or misuse of any of the prizes awarded (including without limitation, any travel and activity related thereto). For the avoidance of doubt, the Released Parties do not exclude their liability for death or personal injury caused by their own negligence or in respect of fraud.
Any dispute or complaint concerning this Promotion should be addressed to Pet of the Week Promotion, UK Digital, WarnerMedia UK, 160 Old Street, 4th floor, EC1V 9BP, London, United Kingdom, and must be so submitted within ninety (90) days following the date of the submission of the Entrants Details by the entrant.
The Promoter reserves the right to shorten, defer, alter or cancel this Promotion in his sole discretion; Promoter cannot be held liable for this on any grounds whatsoever.
These Terms and Conditions Terms are subject to the laws of England and Wales. Any dispute or claim arising out of or in connection with these Terms and Conditions (including non-contractual disputes or claims) that cannot be settled amicably shall be subject to the non-exclusive jurisdiction of the competent English courts.
1. WHO IS RESPONSIBLE FOR YOUR INFORMATION
Turner Broadcasting System Europe Limited is the data controller with relation to the any Information collected by the Service and through your interaction with the Service (including through mobile devices).
2. THE INFORMATION WE COLLECT
We receive both Information that is directly provided to us, such as personal information you provide when you visit or participate in an activity on the Service, and information that is passively or automatically collected from you, such as usage information collected from your browser or device.
Information You Provide To Us. In order to participate in an activity on the Service such as a competition, or other similar activity, you may be required to provide some contact information such as name and email address and other Information such as a photograph or a video, depending on the specific activity. Additional details the collecting and processing will be provided at the point of collection and by the specific terms for participating in that activity.
Information That is Passively or Automatically Collected. We also receive Information when you visit the Service that is automatically collected from your browser or device such as page views, clicks, IP address, device ID (or equivalent), the name of your Internet service provider, and the type of browser you are using.
3. HOW WE USE YOUR INFORMATION
We use your Information for the following purposes:
3.1. To fulfil a contract, or take steps linked to a contract pursuant to Article 6(1)(b) of Regulation (EU) 2016/679 (“GDPR”):
(a) to provide the Service and to communicate with you about your account with us where we offer registration;
(b) to send you information about changes to our terms or policies;
(c) to allow you to take part in any competitions that we run from time to time, administer the competition, notify you if you have won, verify your identity, residency and other eligibility requirements, as applicable, deliver the prize and respond to any query you may have around the competition;
3.2. Where this is necessary for purposes which are in our, or authorised third parties', legitimate interests pursuant to Article 6(1)(f) of GDPR:
These interests are:
(a) to fulfil your requests and inquiries regarding the Service;
(b) to provide technical support (including testing, quality assurance, troubleshooting and security) for the Service;
(c) to analyse how the Service is used including search queries, frequency of viewing and length of viewing time, page views and clicks to help us manage and improve the Service and to develop new services;
(d) to manage the delivery of advertising, including the number of times the same advertisement is served and viewed
(f) to run a survey or market research on the Service to understand our audience; and
(g) protecting the safety of our users.
3.3. Where you give us consent pursuant to Article 6(1)(a) of GDPR:
(a) to send you newsletters about our products and services and authorised third party products and services and to use technologies to check if these have been received and opened, in accordance with the additional information provided at the point of collecting your consent;
3.4. For purposes which are required by law pursuant to Article 6(1)(c) of GDPR;
(a) in response to requests by government or law enforcement authorities conducting an investigation.
(b) to comply with our legal obligations.
4. INFORMATION WE RECEIVE FROM AUTHORISED THIRD PARTIES
When you engage with our content through social media, or other non-Turner, sites or applications, you may allow those sites to share Information with us such as content you have viewed or interacted with and about adverts within the content which you have been shown or clicked on.
The privacy policies for these sites and applications will contain more detail about this and how to change your privacy settings on those sites and applications.
5. INFORMATION SHARING AND DISCLOSURE
We share your Information:
(a) With service providers we have engaged to perform business-related functions on our behalf. For example, to: (i) conduct research and analytics; (ii) create content; (iii) provide customer support services; (iv) conduct or support marketing; (v) fulfil orders; (vi) host Services; (vii) provide technical or operational support; (viii) administer competitions or other user activity; (ix) maintain databases; and (x) otherwise support the Service;
(b) In response to legal process, for example, in response to a court order or a subpoena, a law enforcement or government agency's request;
(d) If we, or one of our business units, undergoes a business transition, like a merger, acquisition by another company, or sale of all or part of our assets.
6. COOKIES AND SIMILARTECHNOLOGIES.
7. OTHER IMPORTANT INFORMATION ABOUT YOUR PRIVACY
7.1. International Transfer
From time to time we may need to allow our service providers or assistance providers, who may be located outside the EEA, access to your Information. We may also make other disclosures of your personal data overseas, for example if we receive a legal or regulatory request from a foreign law enforcement body.
We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests:
(a) we will only transfer your personal data to countries which are recognised as providing an adequate level of legal protection such as Argentina, from where our affiliate Imagen Satelital S.A. provides support, security, infrastructure and maintenance services for our websites, or where we can be satisfied that alternative arrangements are in place to protect your privacy rights;
(b) transfers to our service providers and other authorised third parties will always be protected by contractual commitments and where appropriate further assurances, such as standard data protection clauses, certification schemes, provider’s Processor Binding Corporate Rules. and the EU - U.S. Privacy Shield for the protection of personal data transferred from within the EU to the United States of America. We have entered into standard data protection clauses with our US affiliate Turner Broadcasting System, Inc, which provides support, security, infrastructure, maintenance services for our websites.
(c) any requests for information we receive from law enforcement or regulators will be carefully checked before personal data is disclosed.
You have the right to ask us for more information about the safeguards we have put in place as mentioned above. Contact us as set out below if you would like further information.
7.2. Retention of Your Information
Where we offer registration, we keep details of users who have registered with us for as long as you use the Service and your user account details for up to 18 months afterwards. We delete user profile information provided to us for the Service automatically when the registration for the Service is cancelled.
If you contact us with support queries, we keep the data for between 3 and 18 months, depending on the nature of the query and whether you have registered with us.
Where we process Information for marketing purposes, we process the Information while you remain interested in the marketing (for example, where you open and read our offers) and for three years after that point. If you ask us to stop sending marketing we will keep your Information for a short period after this (to allow us to implement your requests).
Where we process Information for a competition, we keep the data for 12 months form the day the competition ends unless a longer period is required by law.
Where we process Information with relation to the submission of End User Content, we will keep the data for as long as necessary in accordance with the specific terms of the activity.
8. YOUR RIGHTS
You have a number of rights in relation to your personal data. More information about each of these rights is set out below.
You have the right to ask us for a copy of your Information (Article 15 GDPR), to correct (Art. 16 of GDPR), delete (art. 17 of GDPR) or restrict (stop any active) processing of (Article 18 GDPR), your Information; and to obtain the Information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share this Information with another controller (Article 20 of GDPR).
In addition, as far as the processing of your Information is based on our, or authorised third parties', legitimate interest, you have the right to object to the processing in accordance with Article 21 of GDPR.
These rights may be limited, for example if fulfilling your request would reveal Information about another person, or if you ask us to delete Information which we are required by law to keep or have compelling legitimate interests in keeping.
You can withdraw your consent in respect of any processing of personal data which is based upon a consent which you have previously provided. You can also opt out of receiving email newsletters and other marketing communications by following the opt-out instructions provided to you in those emails.
To exercise any of these rights, you can get in touch with our Privacy Office as set out below in Section 9. Please include your registration information, where we offer registration, such as first name, last name and e-mail address in the request. We may ask you to provide additional information for identity verification purposes.
You also have a right to complain to a supervisory authority for data protection in the country where you live, where you work, or where you consider that a breach of data protection has occurred, although we hope that we can assist with any queries or concerns you may have about our use of your Information.
9. HOW TO CONTACT US
Turner Broadcasting System Europe Limited
160 Old Street
If you have a complaint or concern about how we use your personal data, please contact us in the first instance and we will attempt to resolve the issue as soon as possible. You also have a right to lodge a complaint with your national data protection supervisory authority at any time.
10. UPDATES & EFFECTIVE DATE
From time to time, we may update this policy. We will notify you about material changes by either sending an email message to the email address you most recently provided to us or by prominently posting a notice on our Service. We encourage you to periodically check back and review this policy so that you know what Information we collect, how we use it, and with whom we share it.
The policy posted on this Service was updated on 06 May 2018.