KissBank General Competition Rules

We set out below the General Competition Rules (the “Rules”) that govern the relationship between you and us when you enter one of our competitions in the absence of any specific terms and conditions in relation to a specific competition (the “Competition”). By participating in any of our Competitions, you agree to be bound by these Rules (which we may amend or vary at any time with or without notice) in the absence of any specific terms and conditions and by our decisions, which are final in all matters relating to a Competition.

When entering a Competition, you should follow any links on the Competition entry page of our Website to the specific terms and conditions for that particular Competition which would apply instead of these Rules.

You should also read our Privacy policy applies to all of your dealings with us and explains what use we will make of any personal information you may give us.

1. OUR DETAILS

“We”, “us” and “our” means KissBank Limited, a company registered in England and Wales No. 7499717. Our principal place of business is at Suite 21, 3 Ludgate Square, London EC4M 7AS. If you have any questions or concerns please refer to our FAQs. If these do not adequately address your questions or concerns you may contact us using the Contact Us form.

2. CHANGES TO THESE TERMS

We may need to make changes to these Rules in the future. For example to reflect changes in the type and/or format of Competitions that we run or to correct errors in these terms. We will try to keep all such changes to a minimum. We recommend that you check these Rules from time to time to see if they have changed. We will always state at the bottom of these Rules the date on which they were last updated. If you continue to enter Competitions after our Rules change you will be bound by those changes.

3. METHOD OF ENTRY

  • All our Competitions are free to enter and entry is via email.
  • The start date and closing date for any Competition will be set out on the Competition entry page.
  • You may only enter a Competition if you are old enough to register as an account holder on our Website. This age limit is currently 13 (thirteen) years old. We reserve the right to specify a higher lower age limit in respect of certain Competitions.
  • You may not enter a Competition if you are an employee, consultant, contractor, director or shareholder, or an immediate relative of any employee, consultant, contractor, director or shareholder of KissBank Limited, or any other person professionally connected with the Competition.
  • You can only enter a Competition once and you must completely and honestly provide the information requested on the Competition entry page which may include your name, age, e-mail address, postal address and telephone number.
  • The winner(s) will be notified by e-mail or telephone by the date specified in the terms of entry.
  • Our decision is final with respect to any aspect of the Competition, including the determination of any winner(s)and no correspondence will be entered into.
  • The names of the winner(s) will be published on our Website.

4. PRIZES

  •  The Competition Prize(s) will be set out on the Competition entry page.
  • The receipt, by any winner(s), of any of the Prize components is conditional upon compliance by the winner with any and all relevant laws, rules and regulations as well as these Rules. The winner(s) are solely responsible for all insurance, applicable taxes and for any expenses or costs not specified in the Prize description.
  • The winner(s) may be required to provide a written acknowledgement of acceptance of all terms and conditions of the Competition but in respect of winner(s) under the age of eighteen (18) all Prizes are subject to the applicable winner(s) first printing off these Rules, obtaining the relevant signatures from their parents or legal guardian and sending the signed document to KissBank Limited at its principal place of business (specifying the Competition).
  • All Prizes are non-transferable and no cash alternative will be offered. Arrangements for the fulfillment of Prizes will be made by us. If due to circumstances beyond our control we are unable to provide any stated Prize(s), we reserve the right to award a substitute Prize of equal value or prestige.
  • The winner(s) agree that KissBank Limited and its employees, consultants, contractors, directors and shareholders shall have no liability in connection with acceptance or use of any of the Prizes awarded in the Competitions. We reserve the right to disqualify any entrant and/or winner at our absolute discretion.

5. LICENCE FOR MATERIAL SUBMITTED BY YOU

In exchange for allowing you to enter the Competition, you hereby:

  • grant to us a non-exclusive worldwide, sub-licensable licence to use, or allow third parties to use, any material you have provided to us in connection with the Competition including photos, artwork, written text, videos and images (“Material”) in any manner we choose in any media (existing now or in the future) without restriction for the full term of any rights that may exist in your Material (without payment to you or any third party). You still own your material and may use it as you wish but we have the right to use it for example by showing your Material to the general public by publishing/streaming it on our Website. We may require you to provide us with a written acknowledgement of this licence by printing off and signing these Rules
  • grant us the exclusive right to film, tape, sound record and photograph all your activities in connection with the Competition and (if applicable) any Prizes. Everything filmed, taped or recorded of you by us shall be known as “Footage”
  • assign to us fully all intellectual property rights in any Footage throughout the world for the full term of any rights that may exist under any applicable law throughout the world. This means that we own all rights in the Footage for as long as they exist. We may require you to sign a release form consenting to the filming/recording of the Footage, and the assignment of all rights in such Footage to us.
  • waive any “moral” rights that you may have in your Material or the Footage for the purposes of us using it in accordance with these Rules. Your moral rights include the right to be identified as the author and the right to object to derogatory treatment of your Material or the Footage. We need this waiver because we may not always be able to identify you (or other users who have uploaded content) as the author, and we need to be able to edit or treat your material as we see appropriate in our editorial judgment.
  • agree that we may use your name and/or likeness, voice, photographs and/or video footage of you, biographical information provided by you and/or any statement made by you concerning the Competition and/or the Prize(s) in connection with publicising the Competition, in any and all media in perpetuity throughout the world in any manner we choose without restriction

Terminating the licence in your Material

If you want us to stop using your Material, please tell us and submit the details of your material along with your instruction to remove this material using our Contact Us form. We will then stop using your material as far as reasonably practicable. However we are not obliged to stop using your material where it is already being used.

Your obligation and confirmation to us

It is very important that the Material you provide as part of a Competition is your own work. Material that you did not create yourself, or that include images of people or information about people without their permission can result in serious liability to us and to you.

Accordingly, you confirm that:

  • You are the only creator, author and owner of the Material you submit to us, or if you are not the exclusive creator, author and owner you have received written consent from the author, creator and owner to upload or post the Material and to grant us the rights to use the Material as set out above.
  • Our use of your Material will not infringe any intellectual property or other rights of any third party (for example trademarks, copyrights, privacy rights). This means that, if your Material contains any underlying copyrights such as music, lyrics, film footage, artwork or other copyright material owned by any other person, you confirm that you have obtained all necessary consents in writing (including from other people appearing in your Material) necessary for us to use your Material as set out above.
  • The Material will not contain anything that is defamatory, offensive or illegal.
  • Your Material is free from any right or claim by anyone under any recording contract, publishing contract, or any union, guild or collecting society such as the Performing Right Society and you agree that you will inform us immediately if this status changes.

6. LIABILITIES

We can accept no responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete and/or illegible entries will be disqualified. We shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to any Competition.

We will not be liable to you (whether as a result of contract law, tort, statutory duty or otherwise) for any loss or damage arising out of or in connection with a Competition in respect of losses:

  • that are related to a business or commercial undertaking
  • that were unforeseeable
  • that are related to loss of opportunity, loss of goodwill or injury to reputation
  • that are suffered by third parties
  • that are caused by loss of data, or computer virus
  • in respect of infringement of rights arising as a result of a third party linking to our online services and causing our content to be viewed within the pages of any other Website
  • that are due to your fault, for example if you have provided incorrect information to us or you fail to comply with our instructions in relation to the Competition and/or Prize
  • that are not caused by our breach
  • If you have a claim against another provider of services in connection with the Competition and/or Prizes you will pursue that claim independently and without recourse to us.

We shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) under these Rules if such delay or failure is caused by circumstances beyond our reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes.

7. DATA PROTECTION

Any personal information, including without limitation, the your name, age, address (including postcode), telephone number and/or email address (“Personal Data”) will be used (i) in connection with the Competition which you entered, (ii) for any purpose to which you gave your express consent on entry (iii) as set out in these Rules and (iv) in accordance with our Privacy policy. Personal Data will not be disclosed to any third party, except for the purpose of fulfilling the Prize(s) where applicable unless you gave your express consent to this on entry.

8. JURISDICTION

These Rules shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction in relation to any disputes arising therefrom.

Any queries regarding the competition should be addressed to: KissBank Limited, Suite 21, 3 Ludgate Square, London EC4M 7AS.

IF REQUIRED TO SIGN A WRITTEN ACKNOWLEDGEMENT OF THESE RULES PLEASE PRINT AND SIGN THEM BELOW:

I understand and agree to the above Rules.

ACCEPTED AND AGREED BY:

Entrant’s signature: …………………………………

Entrant’s Name: ………………………………..

Entrant’s Address: ………………………………………

Telephone: …………………………………

Email Address: ………………………….

Date:…………………………….

IF YOU ARE UNDER 18 YOUR PARENT OR LEGAL GUARDIAN MUST ALSO SIGN BELOW:

I understand that KissBank Limited wishes to enter into theseRules with the Entrant named above. In return for KissBank Limited paying me £1 (receipt of which I hereby acknowledge), I warrant and agree as follows:

1. I am the parent or legal guardian of, and have parental responsibility for, the Entrant, who lives with me at the above address;

2. I have read these Rules and understand what is required of the Entrant under them. I unconditionally guarantee the Entrant’s compliance with his/her obligations and duties to KissBank Limited under them and confirm that these Rules are beneficial for the Entrant.

Signed: ………………………………..

Print Name: ………………………………..

Date: …………………………….

These Rules were last updated on September 21, 2011