“Boomerang Let's Create” Promotion Terms and Conditions
(“Terms and Conditions”)
Turner Broadcasting System Europe Limited, a company, with its registered office at 160 Old Street, EC1V 9BW, London, United Kingdom, registered as company number 01927955 (hereinafter “Promoter”), which produces the television channel currently named Boomerang (hereinafter the “Channel”), is hosting Let’s Create (the “Promotion”) on the website with the URL https://www.boomerangtv.co.uk/letscreate (the “Site”).
The Promotion will launch on 10 March 2020 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.
By entering this Promotion pursuant to these Terms and Conditions, each entrant (“Entrant”) agrees to be bound by these Terms and Conditions and by the decision(s) of Promoter, whose decision shall be final, in relation to all matters relating to the Promotion. .
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 18 must have their parent/legal guardian entering on their behalf.
Entrants should ensure that only the creation’s image/video is submitted. Entries featuring any natural person (visible, audible or in any way identifiable) 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 or has acted in an unsportsmanlike or disruptive manner or where the Creation (as defined below) is not otherwise suitable to be used.
The Released Parties and their related employing entities 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 and their related employing entities 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 and their related employing entities 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:
(a) Submit and therefore upload his/her child’s self-made creative work (“Creation”) in the local language to the Site, according to the instructions given for the Promotion via the Site and/or herein; the Creation can include any arts, craft, drawing, painting, and other forms of artistic creations, including a video of the creation itself; the file size of the Creation may not exceed 5MB and has to be delivered in one of the following formats: .jpeg or .png (for images) and .mp4 or .mov (for videos), together with:
- Name of the Creation;
- Story about the Creation; and
- Type of creation.
together, being the “Entrant Materials”
(b) Submit to Promoter:
- Child’s first name and age; child's favourite type of creation; and
- Entrant’s email address, name and surname, which will be used only to validate the entry,
((a) and (b) together being the “Entrant Details”).
(c) Validate their Entrant Details within forty-eight (48) hours of submitting such Entrant Details by confirming that their details are correct by clicking the relevant link that will be emailed by Promoter to the email address provided by the Entrant.
The Entrant agrees and acknowledges that the approved Creation 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 Creation. The decision as to which images or videos 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 Creation may, at Promoter’s sole discretion, need to be edited, amended or modified and hence Entrants grant Promoter the right to make such editions, amendments or modifications.
Where Entrant Details have been validated and approved by Promoter according to these Terms and Conditions, the Entrant Materials that were submitted by the Entrant will be able to be viewed on the Channel, and/or associated websites (including the Site) and on all relevant social media websites and/or accounts relating to the Channel 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 Creation that they have submitted as part of the Entrant Materials to be removed from the Site, they can have such Creation removed by emailing firstname.lastname@example.org by providing the name that was given along with the Entrant Details when submitting that Creation; the Promoter will remove the Creation 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 Creation.
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:
(a) The Entrant Materials are originally created by the Entrant’s child;
(b) He or she has full power and authority to upload the Entrant Materials;
(c) The Entrant Materials do not infringe any trademark, copyright or other proprietary rights of any party;
(d) The Entrant Materials have not been used previously for commercial or promotional purposes; and
(e) 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.
The Entrant Materials must not:
(a) be offensive, threatening, profane, defamatory, discriminatory, harassing, racist, hateful, inappropriate or otherwise objectionable, as determined by the Promoter in his sole discretion;
(b) be sexually explicit, pornographic, violent (e.g., relating to murder, weapons, cruelty, abuse, etc.), or depict tobacco or alcoholic products, as determined in the sole discretion of the Promoter;
(c) depict or encourage illegal behaviour (e.g., underage drinking, substance abuse, computer hacking, etc.) or damages or harms any person or entity, as determined in the sole discretion of the Promoter
The Entrant is solely responsible for any legal, contractual or other infringements that may arise from the publication and/or usage of the Entrant Materials. The Promoter reserves the right to disqualify and/or exclude any Entrant Materials that violates the above requirements.
GENERAL TERMS AND REGULATIONS
The Released Parties and their related employing entities 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 and their related employing entities 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 Boomerang Let’s Create Promotion, UK Digital, 160 Old Street, 4th floor, EC1V 9BW, 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 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.
INFORMATION WE COLLECT
At some of our web pages, you can order products, enter competitions, vote in polls or otherwise express an opinion, or subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of information that may be collected at these pages include: your name, e-mail address, postal address, telephone/mobile number, your gender and date of birth. We request these details in order to provide the service or product to you (i.e. despatch prizes, send goodies via email or post), to respond to any queries you may have, and to ensure we request and receive the correct consent from you or your parents.
We may ask you for other information, including, but not limited to, your interests, opinions and the way you use the Boomerang service to assist us in our initiatives and to improve our understanding of user trends and patterns.
If you are under sixteen and participate in an activity that requires the collection and retention of your personal information to allow for continued recognition or registration for a particular functionality, we will also ask for your parent’s e-mail address so that we can obtain your parent’s permission to process your personal information. We do not knowingly collect names and e-mail addresses from anyone under sixteen for these types of activities without notifying their parents via e-mail and giving that parent the option to consent to their child’s personal details being included in the applicable database for that activity. During the period when parental consent is being requested, your account will be held in our database on a temporary basis. If we do not receive your parent’s consent we will delete the information provided by you within a reasonable period of time in accordance with the Data Protection Act 1998. If we collect your personal information to allow you to enter a competition, or other similar one-time activities the specific terms for participating in that activity will provide you with additional information about the collecting and processing of this information.
At some of our web pages, you may be able to submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift on-line and want it sent directly to the recipient, you might submit the recipient's name and home address. The types of information that may be collected about other people at these pages include: recipient's name, address, and e-mail address. We will only use this information to provide the product or service as requested. We ask that you ensure that you obtain any person’s consent before providing their personal details and that you do not provide information regarding anyone under the age of eighteen.
We may offer games and other downloadable applications (commonly referred to as "Apps") through various third party platforms (such as Apple's iTunes App Store, Google Play, etc.). Our Apps generally include features, functionality and content such as games, videos, and activities. TBSEL does not knowingly collect personally identifiable information from children under the age of 16 through our Apps. The data collected in an App may vary by App but will include any information a user provides once the user downloads and uses the App. For example, some of our Apps may require you to first register and create an account with us (e.g. user name, password, or email address) before you can use it. Other Apps may require additional information from you, such as transaction-related information (e.g. when you make purchases, respond to any offers). We may also use information you provide us to reach you when you contact us for help. If you interact with third-party social media sites and applications, we may have access to certain information from your social media account such as your user name, profile picture, information about friends and followers, and content posted or viewed through the social media. When you use social media networking platforms and plugins, you share your information with them and their use of the information will be subject to that social media site’s privacy practices. To help improve the design, functionality, performance, and content of our Apps, we usually collect certain information when you use the App on your mobile device, such as usage, viewing and technical data including the type of mobile device you use, your unique device ID, your device’s IP address, your mobile operator and operating system, the type of mobile Internet browsers you use, and information about the way you use the App. Our Apps usually do not collect precise information about the location of your mobile device, and only would do so if you are specifically prompted to provide your consent to do so. You can always manage your location preferences at any time by adjusting the settings on your device. If a parent or guardian becomes aware that his or her child has provided us with any personally identifiable information through an App without consent, please contact us at email@example.com so we can delete such information.
USE OF INFORMATION
For specific one-time requests we receive from visitors, e-mail addresses are collected and used only in connection with the specific one-time request.
We use visitors' personal information collected in connection with our activities for internal purposes only, such as enabling visitors to enter our online competitions, subscribe to an online newsletter, provide customer service, and/or for the purposes for which the information was provided.
We use parents' e-mail addresses provided by children to notify them when we have received personal information such as e-mail addresses from their children and to give parents the option to remove their child's name from our lists.
We keep any personal information we obtain through a competition for the time necessary to successfully select winners, award the prizes, and administer the competition.
When you visit this site we send "cookies" to your computer primarily to enhance your on-line experience. "Cookies" are small files which can identify your terminal equipment and store your personal preferences as well as technical information. On their own, cookies do not contain or reveal any personal information. However, if you choose to furnish the site with personal information, this information may be linked to the data stored in the cookies.
We may also collect certain anonymous technical information when you visit many of our web pages such as the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
DISCLOSURE OF INFORMATION
We may share information about visitors to this site in aggregate with third parties including advertisers, business partners, and sponsors, to understand user trends and patterns and manage and improve our business relationships. Please be assured that such information will be anonymised so that your identity is protected.
We may share personal information with third parties to administer and process your requests (e.g., when you order a product or service we may share your details with third party financial institutions to process payment for your order). We may also share your details with third parties (such as auditors or legal advisors) to obtain professional advice.
LIMITATION OF LIABILITY
Some of our sites contain links to other sites where information practices may be different to ours. For example, if you "click" on a banner advertisement, the "click" may take you off this web site. This includes links from advertisers, channel sponsors and partners that may use our logos as part of a co-branding agreement. Visitors should consult the other sites' privacy notices as we are not responsible for and have no control over information that is submitted to, or collected by, these third parties.
We sometimes may offer content (e.g., competitions, prize draws, or promotions) that is sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personal information that you voluntarily submit to participate in the site activity. We are not responsible for and have no control over these third parties' use of this information. However, we will notify you at the time of requesting personal information if these third parties will obtain such information.
CONTACT AND NOTICES
Although absolute security cannot be guaranteed on the Internet, please be assured that we have in place security measures to protect the confidentiality of your personal information. We will continue to maintain and improve these measures over time in line with legal and technological developments.
You can contact us at any time at firstname.lastname@example.org to see the personal information we have collected through this site which relates to you, and in some cases, your children, and to ask us to make any necessary changes to correct or update your information. To protect your privacy and security we will take reasonable steps to verify your identity before granting access.
It is important to us that children can enjoy our sites in a responsible fashion. We, therefore, encourage children to consult with their parents before providing personal information. We also encourage parents to supervise their children's online activities by, for example, adopting parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.
Turner Broadcasting System Europe Limited
16 Great Marlborough Street
(registered office: Turner House, 16 Great Marlborough Street, London, W1F 7HS) 1