1.
Terms
and Conditions
These terms and
conditions are our ‘General Terms’ and they apply to every ‘Competition’ and/or
‘Promotion’ that we, Blue Stream Academy Ltd, administer.
Each Competition/Promotion
will also have its own specific terms and conditions explaining how to enter,
what the opening/closing dates are, what the Competition/Promotion winner’s
prize will be etc. The ‘Specific Terms’ will be published in the relevant web
postings, social media posts and/or magazine article that is promoting the
relevant Competition/Promotion.
You should always read
these General Terms together with the Specific Terms. If any Specific Terms
conflict with these General Terms, the Specific Terms will take precedence.
We may change these
General Terms at any time so you should check this page regularly for any
changes. Changes will apply from the date that they are published on this page.
By entering any
Competition/Promotion you are accepting that you will be legally bound by these
General Terms and the applicable Specific Terms.
We recommend you print
or save a copy of these General Terms for future reference during the
Competition/Promotion.
2.
The
Promoter
The promoter will be Blue Stream Academy Ltd.
(Company Number: 08021406), with its address at The Triangle, Belper, DE56 1AA, unless specified
otherwise in the Specific Terms.
3.
Eligibility
Unless we impose a
particular age limit for a Competition/Promotion, they are open to all persons
aged 18 and over who are residents in the country set out in the Specific
Terms.
Some Competitions/Promotion
may have additional eligibility requirements; all eligibility requirements will
be detailed in the applicable Specific Terms.
Whether any
eligibility requirement has or has not been met is always at our sole
discretion and we may require evidence or confirmation from entrants before
awarding prizes.
Blue Stream Academy
Ltd. employees and their immediate families (and the employees of any
third-party sponsors, prize providers or their immediate families) may not
enter any Competition/Promotion.
4.
Entries
a)
Giveaway Competitions/Promotions
Giveaway
Competitions/Promotions are free to enter but may be subject to eligibility
i.e. existing customers only, new customers only etc. To enter, simply visit
our website, social media channels and/or read our BSA Today magazine and
following the relevant instructions. Multiple entries are not accepted for
giveaway Competitions/Promotions.
b)
Deficient entries
In
all Competitions/Promotion, we reserve the right to reject any entries that are
incomplete, incomprehensible, damaged or otherwise deficient. We also reserve
the right to reject entries that are unlawful, indecent, racist, inflammatory,
defamatory or which we consider to be otherwise harmful. We accept no
responsibility for any late, lost or misdirected entries including but not
limited to texts, calls or emails not received due to technical disruptions,
network congestion, loss in service of online entry mechanisms, computer error
in transit or any other reason. Proof of posting of any postal entry will not
be proof of our receipt of that entry.
c)
Automated Entry
The
use of any automated entry software or any other mechanical or electronic means
that permits any person/organisation to enter any Competition/Promotion
repeatedly is prohibited.
d)
Names
Entrants
must enter Competitions/Promotion using their legal name only. We reserve the
right to disqualify any entrant who uses multiple names and to require them to
return any prize they may have won.
e)
Multiple Entries
Unless
otherwise permitted pursuant to the applicable Specific Terms, no
person/organisation may enter any Competition/Promotion more than once and
persons/organisations may not enter or participate as part of a syndicate or on
behalf of any other person, organisation, syndicate, group, society or company.
If we suspect that an individual/organisation has established a fake email
address and/or social media page to circumvent this rule, we reserve the right
to disqualify all entries that we reasonably believe were generated by that
individual/organisation.
f)
Prize Limits
Unless
specifically mentioned in the Specific Terms, there is no limit on the value of
a single prize that may be provided to the individual winners of a Competition/Promotion.
However, no person/organisation or persons/organisations at the same address
may win more than one prize valued at £500 or more via any of our Competitions/Promotion
in any six (6) month period.
g)
Retrospective Effect
Where
an entrant or prize winner has been found to be in breach of any of the terms
and conditions of a Competition/Promotion and in particular where a
person/organisation is in breach of the entry restrictions set out in
paragraphs 4. c) to 4. h), we may still enforce our right to disqualify that
person/organisation and require the return or reimbursement to us of any prize
even where a prize has been awarded and/or actually provided to the entrant or
prize winner in question.
h)
Inappropriate Behaviour
We
reserve the right to disqualify an entrant, or to refuse or withdraw a Prize,
if an entrant or a winner threatens or abuses one of our employees, or
otherwise conducts themselves in a manner that we reasonably regard as inappropriate,
offensive or unlawful.
5.
Prizes
We reserve the right
(when reasonably required to do so) to replace the stated prizes with prizes
that we consider to be of broadly equivalent value. We offer no cash
alternative for non-cash prizes and prize winners must accept prizes in the
form offered.
All prize winners will
be notified that they have won a prize within twenty eight (28) days of the
closing date of the Competition/Promotion via at least one of the following
methods:
a)
by telephone;
b)
by email; or
c)
in writing
Prizes will be dispatched to the winners via
the UK mail service, unless otherwise stated. We will not be liable for any
prizes which are lost, delayed, or damaged in the post for reasons beyond our
reasonable control. Further details will be set out in the Specific Terms
and/or given to winners when they are notified that they’ve won.
Prizes will be delivered to an address within
the country outlined in the Specific Terms. Should a prize winner’s contact
details change, it is their responsibility to notify us or the contact
person(s) detailed in the Competition/Promotion’s Specific Terms.
We reserve the right to request proof of a
prize winner’s identity in the form of a passport or driver’s licence and proof
of address in the form of a utility bill. In the event that a prize winner
cannot provide us with proof of identity and/or address that is reasonably
acceptable to us, we may withdraw the prize and select another prize winner.
All prizes are subject to availability, non-transferable
and non-exchangeable. Where prizes consist of entry tickets, attendance at
events, holidays and similar time-specific benefits, they must be taken on the
dates specified by us (or any relevant third-party provider). Prize winners
will forfeit any element of their prize that they do not take at the time
stipulated in the Specific Terms. No cash will be awarded in lieu of that prize
or any part of it.
Any tax or other charges payable as a result
of a prize being awarded or received will be the responsibility of the winner.
Winners should seek independent financial advice prior to accepting a prize if
this is a concern.
We make no representation or warranty in
relation to prizes provided and to the fullest extent permitted by law we shall
have no liability to you in relation to any prize, its fitness for purpose,
merchantability or otherwise. We reserve the right to disqualify entrants from
entering our Competitions/Promotions or prize winners from receiving their
prizes where any such person/organisation engages in unsafe, illegal,
unsociable or inappropriate behaviour.
All stated prize values are at the supplier’s
recommended retail price in pounds sterling and are, to the best of our
knowledge and belief, correct at the time of printing. We take no
responsibility for any fluctuations in prize values. We award cash prizes in
the form of a cheque in the name of the prize winner. Any other arrangement
will be at our discretion.
No additional, further or other costs or
expenses are included in any prize unless stated. For example, the costs of
transport to and from a venue for an event are not included and any
accommodation prize includes basic room charge only.
Third-party suppliers of prizes may also
often stipulate their own terms, conditions or restrictions and all prize
winners agree to be bound by these. Subject to paragraph 19, Blue Stream
Academy Ltd. shall have no liability in relation to any prize provided by a
third-party provider.
6.
Unclaimed
Prizes
All prizes must
be claimed within seven (7) days of our notification of winning unless
otherwise stated in the Specific Terms.
We reserve the
right to award prizes unclaimed after these periods to alternative prize
winners or not to award them at all.
If you call to
claim a prize from a ‘withheld number’ line you must provide us with your
contact details; otherwise we may be unable to contact you and you may as a
result forfeit your prize.
7.
Publicity
and Personal Information
The personal
information supplied by entrants when entering our Competitions/Promotions will
be used by us in accordance with our Privacy Policy. You should always read our
Privacy Policy in addition to these General Terms and the Specific Terms. All
entrants may have their details removed from our database by contacting us or
via the unsubscribe messages in emails sent by us. If details are removed prior
to the conclusion of the Competition/Promotion and/or award of prize(s),
entrants will forfeit their right to claim any prizes.
If you are
required to submit a third-party’s personal information to enter or participate
in a Competition/Promotion, you must ensure that the person/organisation whose
details you submit has given their consent for you to provide us with their
details.
It is a
condition of entry to all our Competitions/Promotions that we have the right to
publish the name, organisation and likeness, where relevant of Competition/Promotion
entrants and winners.
Entrants,
particularly prize winners, may be required to participate in photo, recording,
video and/or filming session(s). You agree that we shall have the right to use
all the resulting publicity materials in any media and in any manner we see
fit, unless you advise us at the time of entering the Competition/Promotion
that you wish to retain your anonymity. If you elect for anonymity, we may not
be able to include you in certain Competitions/Promotions. This includes providing
these materials to our third-party prize providers for the purposes of
promoting their association with the Competition/Promotion and awarding the
relevant prizes.
No fees shall be
payable to any entrant in relation to the use of publicity materials.
Further details
of how any personal data will be used are set out in our Privacy Policy.
8.
Photographs
and Videos
If a Competition/Promotion
requires entrants to submit a photograph and/or video clip to enter or
participate in a Competition/Promotion:
a) entrants
warrant that they are the person in the photograph or video and/or they have
prior consent from all persons in the photograph or video to submit it as part
of their entry;
b) entrants
agree that we have the right to publish and communicate to the public the
photographs in any media without restriction or limitation throughout the world
and not only for the purposes of the Competition/Promotion;
c) entrants
acknowledge that we may edit the photographs or video in our sole discretion;
d) entrants
agree that we have the right to use names, likenesses and other personal
information submitted in conjunction with the photograph or video;
e) entrants
agree not to bring any actions, suits, claims and demands against us in respect
of defamation or any infringement or violation of any personal and/or property
rights of any sort from our use of their photograph or video; and
f)
entrants unconditionally waive their right to seek or obtain an
injunction to prevent or restrict our use of the photographs.
9.
Social
Media
Where Competitions/Promotion
are promoted on Facebook, Twitter or LinkedIn you acknowledge that the Competition/Promotion
is in no way sponsored, endorsed or administered by, or associated with,
Facebook, Twitter or LinkedIn. You understand that you are providing your
information to the Promoter and not to Facebook, Twitter or LinkedIn, and that
Facebook, Twitter or LinkedIn has no liability for any element of the Competition/Promotion.
By participating
in any Competition/Promotion involving Facebook, Twitter or LinkedIn, to the
extent permissible by law, you the entrant hereby release Facebook, Twitter or
LinkedIn (as applicable) from any and all claims, damages or liabilities
arising from or relating to your participation in the promotion.
Where a
promotion allows for entry via Facebook, Twitter or LinkedIn, entries must be
made using a legitimate Facebook, Twitter or LinkedIn account (as relevant).
Entries from entrants using multiple Facebook, Twitter or LinkedIn accounts are
not permitted and all such entries will be disqualified, and any prize award
forfeited.
Where a Competition/Promotion
requires entry via Facebook, Twitter or LinkedIn, all participants must have
access to the internet and an active Facebook, Twitter or LinkedIn (as
applicable). If you do not have such an account, you will need to create one in
order to participate and you will require an active email address in order to
do this.
Any entries via
Facebook, Twitter or LinkedIn will also be subject to the Social Media platform’s
(as applicable) terms of use which can be found at https://twitter.com/en/tos, https://www.facebook.com/legal/terms
and https://www.linkedin.com/legal/user-agreement.
10.
Discount Offers
Unless otherwise
specified, promotional codes and/or discount offers cannot be used in
conjunction with any other offer.
Selected
platforms/services may be excluded; please see the offer details for further
information.
Any refunds will
take into account the discount applied as part of the offer.
Blue Stream
Academy reserves the right to decline to accept orders where, in its reasonable
opinion, a promotion code or discount is invalid for the order being placed or
is the subject of fraudulent activity.
11.
Prize Draws
Where any prize
is awarded via a prize draw, prize winners will be chosen at random from all
qualifying entries within twenty eight (28) days of the Competition/Promotion
closing date or as otherwise specified in the Specific Terms.
If we become
aware that the same person/organisation has been selected as a prize winner
more than once, we will draw another entry.
12.
New/Existing
Customers
A ‘New Customer’
is defined as an organisation that has not signed an agreement to use
Blue Stream Academy Ltd. services prior to the specified start date of the
Competition/Promotion.
An ‘Existing Customer’
is defined as an organisation that has signed an agreement to use Blue
Stream Academy Ltd. services prior to the specified start date of the
Competition/Promotion.
13.
Copyright
By entering our
Competitions/Promotion all entrants:
a) Assign
to us all rights (including present and future copyright) in their entry and
their publicity materials in all media (including, without limitation, the
internet) and whether in existence now or created in the future.
b) Agree
not to assert any moral rights in respect of their entry and the publicity
materials (wherever and whenever such rights are recognised) against the Blue
Stream Academy Ltd, its assigns, licensees and successors in title.
c) Undertake
to us that their entry is not in breach of any third-party intellectual
property rights and will not contain anything, which is defamatory, indecent,
harassing or threatening and that they will indemnify us for any loss, damage
or liability arising should this turn out not to be true. If relevant, we
reserve the right, but not the obligation (and without limiting entrants'
warranty and indemnity as set out above), to screen, filter and/or monitor
information provided by the entrant and to edit, refuse to distribute or remove
the same.
d) Confirm
that they have the right, power and authority to grant the rights set out above
and that they have obtained all consents and permissions necessary to grant us
the same.
e) For
the avoidance of doubt, all rights in the name and title of the Competition/Promotion
and the format rights for the Competition/Promotion are our sole property and
we may exploit the same our absolute discretion.
14.
Interference
and Other Issues
If for any
reason any Competition/Promotion is not capable of running as planned as a
result of any (including but not limited to) technical failures, unauthorised
intervention, computer virus, mobile network failure, tampering, fraud or any
other causes beyond our control which corrupt or affect the administration,
security, fairness, integrity or proper conduct of a Competition/Promotion, we
reserve the right to cancel, terminate, modify or suspend the Competition
and/or any draw/s or judging related to the Competition/Promotion and/or to
disqualify any individual who (whether directly or indirectly) causes (or has
caused) the problem.
15.
Leave for
Participation
Obtaining time
off work and/or study or related activities to participate in a Competition/Promotion
and/or take a prize will be the sole and absolute responsibility of each
contestant.
16.
Termination of
Competition
Blue Stream
Academy Ltd. may vary the terms of, or terminate, a Competition/Promotion at
any time at its absolute discretion. Termination or variation of a competition
is without liability to any contestant or other person/organisation. Blue
Stream Academy Ltd. will not award the prize if the Competition/Promotion is
terminated.
17.
Final Decision
All our
decisions relating to the Competition/Promotion and/or redemption of the prizes
are final. No discussions or correspondence with entrants or any other person/organisation
will be entered into.
Tiebreakers,
disputes, conflicts, questions or concerns will be managed by us.
Where a
Competition/Promotion involves voting, the accuracy of the pooled results
received and published by us will be deemed to be final and binding and no
correspondence will be entered into.
18.
No Waiver
A failure by us
to enforce any one of the terms and conditions in any instance(s) will not give
rise to any claim or right of action by any entrant or prize winner, nor shall
it be deemed to be a waiver of any of our rights in relation to the same.
19.
Exclusion of
Liability
Except as
specifically set out herein and to the maximum extent permitted by law, all
conditions, warranties and representations expressed or implied by law are
hereby excluded.
To the fullest
extent permitted by law, we hereby exclude and shall not have any liability to
any entrant or prize winner in connection with or arising out of any
Competition/Promotion howsoever caused, including for any costs, expenses,
forfeited prizes, damages and other liabilities, provided that nothing herein
shall operate so as to limit or exclude our liability for personal injury or
death caused by our negligence. For the avoidance of doubt, this paragraph
shall also apply in respect of any prize provided by a third-party provider.
In the event
that any provision of these General (or any Specific) Terms are held to be
illegal, invalid, void or otherwise unenforceable, it shall be severed from the
remaining provisions which shall continue in full force and effect.
20.
Contacting Us
By Post: Blue
Stream Academy Ltd. The Triangle, Belper, DE56 1AA
By Using our Website
Contact Form: https://www.bluestreamacademy.com/Contact
By Using our Website
Live Chat Support: https://www.bluestreamacademy.com
By Telephone:
+44 (0) 1773 822549
By Email: info@bluestreamacademy.com
By Direct Message
on our Social Media Channels:
Facebook - https://www.facebook.com/bluestreamacademy
Twitter - https://twitter.com/BlueStreamNews
LinkedIn - https://www.linkedin.com/organization-guest/company/blue-stream-academy
21.
Laws
These General
Terms (and any Specific Terms) shall be construed in accordance with and
governed by the laws of England and Wales.