1. You hereby grant and assign to Totaljam the entire copyright and other intellectual property rights in and/or arising from your entry and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment.
2. You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
3. For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Totaljam for its own use (in its absolute discretion).
4. In consideration of us agreeing to consider entrants to the Competition, each entrant hereby assigns to us the complete copyright and all other rights in any entry, which shall be for the full period of copyright. We shall be free to assign such rights to third parties.
5. You hereby warrant that the information that you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything, which is libellous, defamatory, obscene, indecent, harassing or threatening and shall indemnify Bauer for any loss, damage or liability arising in connection therewith. If relevant, we reserve the right, but not the obligation (and without limiting our rights under your warranty and indemnity above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
1. Totaljam is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by Totaljam or death or personal injury arising out of such negligence.
2. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
3. It is agreed and accepted by you that Totaljam shall have no liability whatsoever in respect to competitions operated on behalf of third parties, eg. Sponsor.
1. You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Totaljam, its business, personnel, servants, agents or officers to anyone.
2. You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Totaljam.
1. Winners may be requested to take part in promotional activity and we reserve the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publicity.
2. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not, subject to 55 above, be disclosed to a third party without the individual’s prior consent.
1. There is no fee payable to you in respect of your involvement in the Competition.
2. The Terms (unless otherwise expressly confirmed in writing by Totaljam) supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Totaljam. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
3. In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.
4. The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies
5. These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
1. The Competition and the terms and conditions of this agreement will be governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
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