Terms and conditions for the #GetSummerStarted and #GetSummerSorted social media competition

1.    Content

1.1 By submitting your photo(s), video(s) or comment(s) to the Sainsbury’s and Sainsbury’s Bank plc #GetSummerStarted  & #GetSummerSorted campaign (the “Campaign”) on Facebook and/ or Twitter and/or Instagram (the “Page”), you hereby agree and consent to: Sainsbury’s, Sainsbury’s Bank plc and their affiliates, subsidiaries, agencies (including advertising agencies) and parents, the “Company”) using the submitted photograph(s), video(s), comment(s) and other accompanying materials (collectively, the “User Content”) for Get Summer Started and/ or Sorted TV ad on ITV, marketing, promotion and other commercial and business purposes in any media format in accordance with these terms and conditions.    
 
1.2 When you upload the User Content to the Page, and subject to the Terms Of Service governing each Page(so far as it is applicable), you hereby grant the Company (and its licensees, advertising agencies and promotion agencies including, without limitation, Drum, Fitzroy House, 11 Chenies Street, London, WC1E 7EY (“Drum”)) and the employees, agencies and authorized representatives of each and all of them (collectively, “Authorized Persons”), the unrestricted, perpetual, worldwide, non-transferable, royalty-free right and license to display, exhibit, transmit, reproduce, record, digitize, modify, alter, adapt, create derivative works, exploit and otherwise use and permit others to use the User Content (including, all copyrights in the User Content) in connection with the Company’s marketing, advertising and promotion of Sainsbury’s and Sainsbury’s Bank #GetSummerStarted  & #GetSummerSorted campaign.
 
1.3 User Content must be uploaded to the Page by no later than 23.59pm on June 24th  2015 (the “Closing Date”). We take no responsibility for entries which are delayed, incomplete or lost due to technical reasons or otherwise. The Company gives no guarantees that your User Content will be selected for inclusion as part of the Campaign. These terms and conditions do not apply to colleagues of  Sainsbury’s or Sainsbury’s Bank, and any User Content uploaded to the Page by colleagues of Sainsbury’s or Sainsbury’s Bank will not be considered for inclusion as part of the Campaign.

1.4 By uploading User Content to the Page, you represent and warrant to the Company that:

(a.)    You are a UK resident aged 18 years or over, a resident of the UK, and are not an employee of Sainsbury’s or Sainsbury’s Bank or are otherwise professionally connected with the promotion.(b.) You own all rights in the User Content or otherwise have the right to submit the User Content to the Company.
(b.)    You undertake that prior to uploading any User Content to the Page you will get permission, including any assignments, waivers, licenses, rights, consents, and permissions (Permissions) in respect of anyone else’s rights in or to the Content (including, without limitation, all intellectual property rights, moral rights, performance rights (which include any music used in your video) rights to privacy, image rights and publicity rights), which give you (and us, relying on your agreement to these terms and conditions) the right to immediately use, publish, reproduce, distribute, produce derivative works of, edit, perform, display and broadcast the uploaded Content in any media formats and through any media channels without liability to any third party.
(c.)    The User Content does not violate or infringe upon the rights of any third party (including, any rights of copyright, trademark, publicity or privacy).
(d.)     Any persons identified in the User Content have consented to the submission of the User Content on the Page and further use of the User Content as contemplated herein; and
(e.)    The Authorized Persons’ use of the User Content in the manner contemplated above and the rights and licenses granted here under do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use.
(f.)    You hereby agree to defend, indemnify and hold harmless the Authorized Persons from and against any losses, and all claims by third parties, resulting from your breach of any of the foregoing representations or warranties.
(g.)    You hereby waive, release and forever discharge the Company and each Authorized Person and each of their subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity.  
(h.)    You agree that you will not upload any User Content which is illegal, defamatory, obscene, incites prejudice or hatred or which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or to hold.
(i.)    The Company has the right to remove any content it deems to be offensive, inappropriate illegal, defamatory, obscene, incites prejudice or hatred or which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or to hold.
(j.)    We shall be entitled to disclose your identity to any third party who claims that any Content uploaded by you infringes their rights.
(k.)    You warrant that any User Content uploaded by you shall fully comply with these terms and conditions, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will take the place of Sainsbury’s, if Sainsbury’s would otherwise suffer or might suffer any loss or damage as a result of you uploading your photo, video or comment other than in accordance with these terms and conditions. If you are in any doubt about your User Content then you should not upload it.
(l.)    You agree that the Company and each Authorized Person shall not be liable for any claims, costs, liabilities, damages, expenses and losses arising out of:-
a.    you creating or uploading any User Content or, if applicable, participating in the prize draw;
b.     technical failures of any kind including but not limited to problems or delays arising from software or equipment malfunctions or computer viruses;
c.    any events outside the Company or any Authorized Person’s control. Nothing in this clause shall be construed to exclude or limit the Company or any Authorized Person’s liability for death or personal injury caused by negligence or any other liability which by law cannot be excluded or limited.


2.    Privacy

2.1 The Sainsbury’s and Sainsbury’s Bank privacy policies (our “Privacy Policies”) (together with our User Content policy and any other documents referred to in it) set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Our Privacy Policies can be viewed at http://www.sainsburys.co.uk/sol/iw_container_page.jsp?pageRef=sites/www/site_furniture/Site_Furniture_PP.page and https://www.sainsburysbank.co.uk/legals/leg-reg-privacy-policy.shtml. Please read these carefully to understand our views and practices regarding your personal data and how we will treat it.

2.2 Submitting of User Content to #GetSummerStarted and #GetSummerSorted by you constitutes
2.2.1 Acceptance by you of our Privacy Policies; and
2.2.2 Your consent that your personal data may, for the purpose stated in these terms and
conditions, also be transferred to Drum or any other third party associate as necessary to
process the winners participation in the prize draw.
If you do not wish to accept our Privacy Policies, please do not upload your content.

2.3 The Data Protection Act gives you the right to access details that we hold about you. Your right of access can be exercised in accordance with the Act. A small fee may be payable in respect of any access request. If you would like to change any information we hold about you that has been collected via use of this page or want to it to be removed from our records, you should contact us at drum@drum.co.uk


2.4 We collect only the user content and page profile details (publicly available) in order to be able to contact you before using your User Content within the #GetSummerStarted & #GetSummerSorted campaign and to notify you if you are a winner of the  prize draw. All user content and profile details will be stored securely in accordance with the data protection act our Privacy Policies.


3.    Prize Draw

1. User Content which, in the opinion of the Promoter (Promoter: together Sainsbury’s Supermarkets Ltd and Sainsbury’s Bank plc. 33 Holborn, London, EC1N 2HT) and independent adjudicator, most aptly portrays the values of the #GetSummerStarted and/ or #GetSummerSorted campaign in an amusing and/or original way will be used in the campaign and will automatically be entered into a prize draw to win one of two prizes
2. Details of how to enter form part of the terms and conditions. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. The decision of the judges is final and no correspondence will be entered into. The Promoter reserves the right to modify the Promotion at any time without prior notice.
3. Entries can be submitted by either:
a.) Sainsbury’s and/or Sainsbury’s Bank FaceBook page
b.) Instagram or Twitter using Sainsbury’s handle @Sainsburys and competition hashtag #GetSummerStarted and/or #GetSummerSorted.
5. The winners will be contacted by direct message within five days of the closing date of the prize draw. The winner is under no obligation to accept the prize but is required to confirm acceptance by direct message within 21 days of notification. Should the Promoter be unable to contact a winner, or should a winner be unable to confirm their acceptance of the prize, the Promoter reserves the right to award the prize to an alternative winner, drawn in accordance with these terms and conditions. The Promoter may ask the winner to provide proof of age and/or identity
6. The prize as described is available on the date of publication.
7. There will be two winners who will receive either Prize 1: 4 x tickets to Celebrity Chase including a 3 course meal and hotel stay Recording 2nd - 9th September 2015 (excl. 7th September 2015) - recording dates subject to change. Prize includes 3 course A La Carte menu meal at Skylon restaurant, and 1x night at a 4 star London hotel for 4x people. UK based travel included. Extra meal and hotel expenses to be capped at £200 in total or Prize 2: A special behind the scenes tour of one of London’s most famous TV studios, The London Television Centre. Prize fulfillment any time between July-December, subject to availability. Prize includes 3 course A La Carte menu meal at Skylon restaurant, and 1x night at a 4x star London hotel for 2 people. UK based travel included. Extra meal and hotel expenses to be capped at £200 in total. Each winner will be awarded either Prize 1 or Prize 2 at the Promoter’s discretion.
8. The prize excludes meals and hotel expenses above £200, and travel expenses incurred outside the UK. It is the responsibility of the winner to inform the prize provider of any wheelchair or similar access requirements for the winners and/or their companion when taking up the prize, and to adhere to any applicable health and safety guidelines.
9. Where any of the winner’s companions are aged under 18 years old, they must have prior parental or guardian permission and must be accompanied by an adult aged 18 or over when taking up the prize.
10. The prize is subject to availability and must be completed by no later than 9th September, 2015 (Prize 1) or 31st December, 2015 (Prize 2)(excluding Christmas and New Year).
11. All elements of the prize are subject to availability, non transferable and there are no cash alternatives. It cannot be sold or given to an alternative party.
12. The winners and their guests may be required to participate in publicity.
13. The name and county of the winners can be obtained by sending a self-addressed envelope to Drum, Fitzroy House, 11 Chenies Street, London, WC1E 7EY or by emailing drum@drum.co.uk within three months of the Closing Date.
14. Events may occur that render the prize draw itself or the awarding of the prize impossible due to reasons beyond the control of the Promoter and accordingly the Promoter may at its absolute discretion vary or amend the promotion and the entrant agrees that no liability shall attach to the Promoter as a result thereof.
15. This promotion is in no way sponsored, endorsed or administered by, or associate with Facebook, Twitter and/ or Instagram.  By entering this promotion, entrants release Facebook, Twitter and/ or Instagram from any action or claim arising out of the promotion. Entrants found using multiple Twitter accounts to enter will be disqualified"
16. The Promoter is responsible for the first part of the promotion, which is the publication and adjudication of the prize draw. ITV Broadcasting Limited (The London Television Centre, Upper Ground, London, SE1 9LT) is responsible for providing the prizes including "liaising with winners regarding the prizes"

Promoter: together Sainsbury’s Supermarkets Ltd and Sainsbury’s Bank plc. 33 Holborn, London EC1N 2HT